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HomeMy WebLinkAboutNC0089109_Regional Office Physical File Scan Up To 1/20/2021North Carolina Department of Environmental Quality n° Division of Water Resources Pat McCrory Governor November 20, 2015 Mr. Anthony Staley, Plant Manager Horsehead Metal Products Inc. ; 484 Hicks Grove Road Mooresboro, North Carolina 28114 Dear Mr. Staley: �Rd DiviJE siaRrtlt�t Vaart Secretary DEC - 2 2015 Water Quality Regional Operations Asheville Regional Office Subject: Issuance of NPDES Major Modification Permit NCO089109 Rutherford County Production Facility Rutherford County Facility Class II Division personnel have reviewed and approved your application for a major modification of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or -,as subsequently amended). The following changes have been incorporated into this major modification: • Increase in flow limit from 0.62 MGD to 0.8 MGD. • The limits for Total Cadmium, Total Fluoride, and Total Lead were recalculated based on the new flow estimate. • The limits for Total Chromium were added based on the results of the Reasonable Potential Analysis. • Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then .----permittees-must-submit DMD- M—Rs electronically -to -the -Environmental -Protection- -Agency-(EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final NPDES permit. [See Special Condition A. (3.)] For information on eDMR, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwateraualitv.org An Equal opportunity 1 Affirmative Action Employer NorthCarohna ��turgCl� . r registering for eDMR and obtaining an eDMR user account, please visit the following web page: hUp://portal.ncdenr.org web/wq admin/bog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: hn://www2.Qa.gov/compliance/proposed-npdes-electronic-reporting rule. • The monitoring frequency for pH was increased to daily. • The monitoring frequency for Total Cadmium, Total Chromium, Total Lead, Total Zinc, and TSS were increased to 2/Month. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is riot transferable except after notice to the -Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be requited by the Division of Water Resources or permits requited by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be requited. If you have any questions concerning this permit, please contact Sergei Chetnikov at telephone number (919) 807-6393. Sincerely, 6m, &VOIL S. Jay Zimmerman P.G. "I Director, Division of Water Resources cc: - en al Files -------- ----- NPDES Files z-� AsheuilleRegional_Office_% W_ ar "Quality WSS/Aquatic Toxicology Unit (e-copy) Permit NCO089109 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL- POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Horsehead Metal Products Inc. is hereby authorized to discharge wastewater from a facility located at Rutherford County Production Facility Forest City Rutherford County to receiving_waters-designated-as-the-Broad River -in the -Broad -River -Basin in -accordance -with -effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III and N hereof. This permit modification shall become effective January 1, 2016. This permit and authorization to discharge shall expire at midnight on July 31, 2018. Signed this day November 20, 2015. oy S. /,�Jay Zimmerman P.G., Director [,�4' Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NC0089109 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation -or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Horsehead Metal Products Inc. is hereby authorized to: 1. After constructing the wastewater treatment facility, operate it in accordance with the existing wastewater treatment system consisting of the following components: ➢ Automatic sampler ➢ Instrumented flow measurement, and ➢ Diffuser The facility is located near Forest City, Rutherford County; and 2. Discharge from said treatment works at the location specified on the attached map into the Broad River which is classified C waters in the Broad River Basin. Page 2 of 6 Permit NCO089109 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored5 by the Permittee asspecified below: EFFLUENT ; TICS _ l EIIVIITS '� �7 .. 11!IONITORING 'REQUREMEIVTS ' 1VIonthly Average Daily, ' 1VI'axYmurii Measurement . Frequency . S'ample , Type Sample , ` Locafiori1 ' Flow (MGD) 0.80 Continuous Recording I or E Total Suspended Solids 2/Month Composite E NH3-N Quarterly Composite E Total Aluminum Quarterly Composite E Total Antimony Quarterly Composite E Total Arsenic Quarterly Composite E Total Cadmium 0.27 mg/L 1.66 mg/L 2/Month Composite E Chlorides Quarterly Composite E Total Chromium 6.75 mg/L 113.6 mg/L 2/Month Composite E Total Cobalt Quarterly Composite E Total Copper Quarterly Composite E Total Fluoride 243.2 mg/L 243.2 mg/L Monthly Composite E Total Iron Quarterly Composite E Total Lead 3.37 mg/L 3.75 mg/L 2/Month Composite E -Total-Nickel Monthly— -Composite- —E— Total Tin Quarterly Composite E Total Zinc 2/Month Composite E PHz Daily Grab E Chronic Toxicity3 Quarterly Composite E Turbidity4 Monthly Grab E, U, D NOTES: 1. Sample Locations: I - Influent, E - Effluent, U - upstream (50 ft. upstream of the discharge), D - downstream (50 ft. downstream of the discharge). 2. The pH shall not be less than 6.0 standard units or greater than 9.0 standard units. ---3:—C-hronic-T-oxieity--(Ceriodaphnia-)-P-/-F-®-0-74%s; Jun., —April,; -July aril October; See condition A. (2-. ---- of the Supplement to Effluent Limitations and Monitoring Section of tlus permit. 4. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 5. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWWs eDMR application system. See Special Condition A. (3.). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM VISIBLE IN OTHER THAN TRACE AMOUNTS. Page 3 of 6 1 Permit NCO089109 A. (2.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 0.74 % (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of'January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP313. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section 1623 Mail Service Center Raleigh, North Carolina 27699-1623 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow. from the facility during a month -in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should- any single quarterly monitoring indicate a failure to meet specified limits, then' monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. -- If -the Permittee-monitors-any-pollutant-more-frequently-then required by this permit, —the results of such"-----" monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 6 Permit NC0089109 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E , (5.) (a)l Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submitall discharge_monitor-ing_data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information.Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the _----- facility being"physically locatedin-an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 5 of 6 Permit NC0089109 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.ncdenr.org/web/wg./adn-dn/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B.(11.) (b) and supersedes Section B (11) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part H, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolinas eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: bi!p://-portal.ncdenr.org/web/wq/­adn-dn/bog/­ipu/edmr Certification. Any person submitting an electronic DMR using the states eDMR system shall make -the -following cer-tification-[40-C-FR-122-2-2] NNO OTHER-ST-A-T-E-MEN-T-S-OF CERTIFICATION WILL BE ACCEPTED: "I certifij, under penalty of law, that this document and all attachments were prepared under nay direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on nay inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of nay knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 3-- Records Retention[Su�plernerits-Secfion�-(6��----------------"----------------- The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 SCALE: 1" = 3DCV Fif• �q �) � � fir J �� - 1 � ;. a���'���1 `1 �--�._ ' I ' �y�_ ._/ham=�� 1, / I� to � t ' ', 'l •r;: its 11 �1 p O �s',N, t�' �Il�� \ � t !. D 't V.,.. 1 1111J O ,� ,Cbn+o � •-'` r�r NORTH CAROLII NA � Sz": ; �• r SOUTHr ni IMIA J•f Latitude: 35°12'3" Longitude: 81 e51' 3" Quad #: F11SW Stream Class: C Receiving Stream: Broad River Permitted Flow: 0.8 MGD Sub -Basin: 03-08-02 Facility M LocationX North Homehead Corporation NCO089109 Rutherford County Production Facility NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by z;. operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (.concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1: Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the .permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1501323]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications; reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)] a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating' and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each C1ass.II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or.. Reduce not a Defense It shall not -,be a,defense for a Permittee i i an enforcement action that it would have been necessary to halt or reduce the.,permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].' 4. Bypassimg-bf Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent Iimitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable .to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions- ' Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions'' Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143 -215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions' Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours. from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The' reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122;41(1)(7)]. 8. Other Information - s Where the Permittee becomes aware that -it failed to submit any relevant facts in a permit application, or submitted incorrect` information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions' Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-3941, no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the defmitions in Part H of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs I or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this defmition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 t NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. -At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create afire or explosion'hazard in the POTW, including, but not limited to, wastestream's with a closed cup flashpoint 'bf less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR.261.21; (2) Pollutants Aich cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, uriless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version IIIQ912011.1 NPDES Permit Standard Conditions ' Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount .of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903 (b)(1 0), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation. Tables In accordance with NCGS143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain, a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [I5ANCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: .�,_ a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 1.5A NCAC .0908(e); and c. At least once -.per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce -and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall, submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: 1. Version 1110912011.1 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SILTs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SILTS, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15ANCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW' monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC' 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 From: Davidson, Landon Sent: Wednesday, December 31, 20141:58 PM To: Menzel, Jeff Cc: Cantwell�_C__e�ea Janet Subject: ncfEvergreen__;topics .. ;..: Just fyi .) F Nick McCr c en ca'11ed to state that the lab gave hire a verbal notice of a 430 colonies of fecal which is above their daily max. Sample was collected yesterday. Nick believes related to higher rain fall and just a large flush of material they've received in last few days. He has checked their supplemental system and having the -town check theirs withC_ emphasis on checking flow meter which he said the -town apparently has not checked recently. 2) im_ g ,is,Qf Horsehead stated that due to necessary maintenance coming up, he'll need to collect aquatic tox .�. samples next week. He'd like for us to split but I did not commit not knowing your schedule Jeff. I told him you'd be back in touch once you returned to office and checked your schedule. In regard to NOVs,.for the May.and June, he stated those were 'turned in' and he is double-checking that. For Cd exceedance in June, he has not seen that notice yet but believes that was part of startup and was to be waived in that regard. Said he talked with Jeff and also Sergei. - Thanks G. Landon Davidson, P.G. NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor - Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 ph.i 828'296-4500 fax: 828-299-7043 email: landon.davidson@ncdenr.gov website: www.ncwaterguality.org Notice: Per Executive Order No. 150, all emails sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. J Waelz Oxide I i—' Wash/Leach Skimmings Neutralization Area 100 i I Area 600 j I ! � riueAIs5 I i —.—.._.._.._.._.._.._.._.._.._.._.. i SX Extraction SX Washing SX Stripping ! i ---------------- vw I I Gypsum Cementation i SX Depletion r---------•— i Precipitation r! I Area 200 I I ! i Bleed i Electrowiniing i i j Treatment i I • Area 400 Final i i._.._.._.._.._. _..-.._.._.._.! j Treatment i I I Area 3.00 I._.._.._.._.._.._.._.._.._.._.._.._.._.._.! I I i Melting i �I Casting!, i i i Area 500 15 Co -products: Raffinate METAL PRODUCTS, INC- 1 ���:'�s.•:,,,,;�t�a,;,i�'rzesources S E P 1 2 2017 ')WIli`v R--,gional Operations WarerResources ENVIRONMENTAL QUALITY September 08, 2017 Robert Williamson, General Manager American Zinc Products LLC 484 Hicks Grove Rd Mooresboro, NC 28114 Subject: Permit Renewal Application No. NCO089109 American Zinc Products, LLC Rutherford County Dear Applicant: ROY COOPER co�laf MICHAEL S. REGAN secmtary S. JAY ZIMMERMAN Dlmctor The Water Quality Permitting Section acknowledges the September 6, 2017 receipt of your permit modification application and supporting documentation. Your application will be assigned to a permit writer within the Section's NPDES WW permitting branch. Per G.S. 15OB-3 your current permit does not expire until- permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. The permit writer will contact you if additional information is required to complete your permit renewal. Please respond in a timely manner to requests for additional information necessary to allow a complete review of the application and renewal of the permit. Information regarding the status of your renewal application can be found online using the Department of Environmental' Quality's Environmental Application Tracker at: https://dgq.nc.goy permits-regulations/permit-guidance/environmental=application-tracker If you have any additional questions about the permit, please contact the primary reviewer of the application using the links available within the Application Tracker. Jc.Sincerely,Fford ajWren Th Administrative Assistant Water Quality Permitting Section cc: Central Files wfapplieation (FARO)-. ec: ' WQPS Laserfche File w/application State of North Carolina 1 Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: ` ni 4'.�ar rsesv_r�es N. C. Department of Environment and Natural ResourcDIVIS:Jn Division of Water Quality / NPDES Unit es 1617 Mail Service Center, Raleigh, NC 27699-1617 I S E P 1 '11 7 NPDES Permit Number INCO089109 j w te, c uaflty r pionp: naA-ations Please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address American Zinc Recycling LLC American Zinc Products LLC 484 Hicks Grove Road Mooresboro North Carolina, 28114 828-919-3135 828-245-4237 jharris@azr.com 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name American Zinc Products LLC Mailing Address 484 Hicks Grove Road City State / Zip Code Telephone Number Fax Number 4. Ownership Status: Federal ❑ Mooresboro North Carolina, 28114 828-919-3135 828-245-4237 State ❑ Private ® Public ❑ Page 1 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 3341 6. Number of employees: Approx. 300 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. Discharge water is generated during the zinc production processes which includes leaching, extraction, stripping and electrowinning. The series of technologies used to produce zinc from this facility provides a high degree of metals removal from the process flow stream, resulting in a discharge with low levels of metals as compared to more traditional production facilities. The process itself provides a high degree of metals removal. The effluent from these processes can be characterized as a clear brine solution. 8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: SHG zinc Principal raw material(s) consumed: Zinc Oxide Briefly describe the manufacturing process(es): The process consists of Waelz Oxide leaching, extraction, stripping, and then electrowinning. Additional process description and the water balance information on how the facility will be operated were included in the original NPDES permit application. The facility will constitute the application of several technologies that will allow zinc metal to be produced from metal bearing raw materials from other parent company -owned facilities. As noted in the EAA, the technologies and the configuration of the plant are considered business confidential information. Page 2 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed (List specific amounts consumed and/or units of production over the last three years) Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed AVERAGE PEAK per Day per Month Zinc Oxide - 232,000 short tons per Year consumed, galvanizers skimmings - 26,500 short tons 11. Frequency of discharge: Continuous If intermittent: Days per week discharge occurs: Intermittent ❑ Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average Utility water, etc. - monthly average Process water - monthly average 979,000 (includes other process related wastewaters as described in the original application) Stormwater - monthly average Other - monthly average Explain: Monthly Average 979,000 total discharge (all types) 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Broad River Page 3 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize the past 3 years of effluent data. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) N/A Chemical Oxygen Demand (COD) N/A Total Organic Carbon N/A Total Suspended Solids* 143 30 Ammonia as N N/A Temperature (Summer) N/A Temperature (Winter) N/A pH* 8.2 7.3 Fecal Coliform (If sanitary waste is present) N/A Total Residual Chlorine (if chlorine is used) N/A *Values obtained from sampling data taken during the operating year of 2015. Facility was placed in idle mode January 2016. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) X NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) The original application package includes the base information on the expected effluent from the facility. Page 4 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Rob Williamson. General Manager Printed name of P igning Title Signature Applicant Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 5 C-MI 10/08 RECEIVEMCDENWR SEP 0 '6 2017 Water Quality Permitting Section ENGINEERING ALTERNATIVES ANALYSIS David Odom, PE June 2011 " AMERICAN ZINC PRODUCTS LLC PROCESS BLEED TREATMENT PLANT RUTHERFORD COUNTY, NORTH-CAROLINA' •e'trylatrezr,�� . _y I-1EC�.=:I1lO Division of Water Resources F. SEP 1 2 2017 Water Quality Regional Operations Asheville Regional Office Odom 169 Oak Street t Forest City, NC 28043 &%ine-e-ftpLK office 828 247.4495 fax 828.247.4498 Contents 1. Introduction and Summary ................................................................................................................. 2 11. Flow Projections ................ ................................................................. I ................ .............................. 3 III. Alternatives Analysis ....::.... .......... ­­­ ...... ­,­ ........................................................................... 5 A. Connection to an Existing Wastewater Treatment System ........................................................ 7 B. Land Application .................................. ................................. ................. ............. .................... 10 C. Wastewater Reuse ........................................................................................................................ 11 D. Direct Discharge to Surface Waters .......... ............................................................................... 11 E. Combination of Alternatives .............. ........................................................................... .......... 13 IV. Economic- Feasibility ............................................................................................ .......................... 13 V. Conclusion.......,...................................................................................................................... ... 15 I. Introduction and Summary Horsehead Corporation (now known as American Zinc Recycling) is the leading.recycler of electric arc furnace (EAF) dust, a zinc containing waste generated by North American mini -mills. American Zinc . Recycling is, the nation's largest producer of zinc. In. May 2014,'American Zinc Recycling (AZR) constructed a new facility in Mooresboro, NC, near the municipality.of Forest City (See Figure III-1). This facility is called American Zinc Products LLC (AZP). AZR operates 4 pre-processing mills which convert the EAF dust into a Zinc -Oxide and the AZP facility receives. this material as feedstock. The AZP facility utilizes solvent extraction and electrowinning (SX/EW) technology to produce special high grade (SHG) zinc metal. This facility utilizes a proven technology referred to as SX-EW which produces Special High Grade (SHG) Zinc Metal which has a market of approximately 1,000,000 TPY. The SX-EW technology has minimal air emissions, clean brine wastewater, operates at a lower temperature, and is less capital intensive. The facility has the capacity to produce 155,000 tons per year of SHG Zinc metal, and employs approximately 300 people. The facility currently holds an NDPES Permit (NC0089109) fora discharge flow of 800,000-gpd that was last updated 11/20/2015. This report is a revision to the previous EAA and,is being used to evaluate how the new effluent projections affect the alternatives considered. Based on the new process projections, the facility will. produce ad effluent stream of approximately 979,000 gpd on a.monthly average basis. Potable water and domestic wastewater service will be.provided by Forest City; therefore; domestic employee waste will not be included in process effluent flow. It is not feasible to send the process effluent to the municipal system serving Riverstone Business.Park which is operated by the Town of Forest City and is located to the north of the facility site property. " The purpose of this evaluation is to, determine the most cost-effective and environmentally sound alternative_ for disposal of the process effluent stream. This alternativesanalysis shall evaluate how the., - new effluent projections affect the alternatives previously considered. A total of 5 alternatives were considered including; • Connection to an existing facility • Land application • Reuse • Direct discharge to surface waters • A combination of alternatives Of these alternatives, land. application and direct discharge were considered the most feasible alternatives. Capital costs and operation costs were estimated for each of these. Direct discharge to surface waters is the most cost-effective alternative for disposal of the process effluent. See Table 1-1 below for a summary of the feasible alternatives and associated costs. Table 1-1: Feasible Alternatives ALTERNATIVE PROJECT COST B. Land. Application $25,104,186.00 D. Direct Discharge to Broad River $516,714.00 2- II. Flow Projections Flow for the discharge from the AZP facility will be 100% industrial effluent from the zinc production process. All domestic wastewater will be directed to the existing Town of Forest City, Riverstone Industrial Park wastewater treatment plant (WWTP), NPDES No. NC0087084 or managed onsite. A list of the feed materials and estimated annual quantities supplied to the facility are listed in Table II-1 below. Table II-1: Feed Materials Feed Materials Quantity ZnO 221,000 st/yr Galvanizers Skimmings. 45,000 st/yr The process utilizes solvent extraction followed by electrowinning referred to as SX-EW. The process consists of Waelz Oxide leaching, extraction, stripping, and then electrowinning. These processes are able to extract the zinc from the WOX and galvanizers skimmings. The leaching and extraction steps are essentially "water treatment" processes utilizing accepted "separation" technologies to capture materials in solution or dissolved in the incoming water. The resulting effluent stream is a treated clear, brine solution. I Effluent values for contaminates represent relatively low levels of trace materials. The process includes real time monitoring for conductivity as an indication of chlorides, and pH. Effluent is directly related to . the front-end feed rates and the process can be shut down if needed to resolve issues. The main reagents and resulting products with quantities are shown in Table II-2 below. As shown in the table, in addition to the zinc, several other byproducts are produced which can be utilized by others through further processing or recycled through the kiln plants owned by AZR. 3 TABLE II-2: Reagents and Products Main reagents Short tons per annum Sulfuric Acid (93%) 50,932 Lime (95%) 2,912 Limestone (95%) 41,554 Manganese Metal 662 Sodium Carbonate 4,235 Sodium Chloride 11,947 Flocculant (dry basis) 177 DEHPA 155 Hydrochloric Acid (33%) 7,695 Sodium Sulfide (60%) 2,127 Sodium Hydroxide (50%) 22 Sodium Hypochlorite (12%) 11,454 Carbon media 62 Strontium Carbonate 78 Hydrogen Peroxide (30%) 352 Ammonium Chloride 78 Sulfuric Acid 20%Totes 127 Sodium Bicarbonate 23 DE 34 Diluent 620 Products Wet short tons per annum Zn SHG 155,000 Gypsum 99,717 Lead concentrate 10,097 Metallic cement 3,761 Zinc concentrates (to be recycled) 54,814 The AZP facility uses approximately 1,101,000 gpd in raw water including 1,057,000 gpd from public water supply and stormwater. The remaining incoming water is from feed materials and reagents. Table II-3 below shows the approximate water balance and resulting anticipated discharge of 979,000 gpd. Table II-3: Baseline Water Balance Description Quantity Raw Water 1,101,000 gpd Evaporation 255,000 gpd Sanitary Sewer 10,000 gpd Solids Water Content 29,500 gpd Effluent 979,000 gpd III. Alternatives Analysis A total of five (5) alternatives were considered for disposal of the process wastewater effluent. These include connection to an existing facility, land application, reuse, discharge to surface waters, and a combination of alternatives. The recommended alternative is direct discharge to surface waters. Connection to existing facility and land application are considered feasible, however, these approaches require significant additional capital investment, operating costs, and are significantly more difficult to implement. The facility has a current NPDES Permit (NC0089109) which was issued'based on projected effluent values provided by Tecnicas Reunidas, a process design firm in Spain that developed this technological approach. These values have been revised based on the analysis of the facility process engineers and final design of the process. The revised anticipated effluent concentrations shown in Table III-1 below were used in evaluating alternatives. The values provided in Table 1114 represent the baseline numbers that are anticipated from the planned process steps. Based on the receiving waters at low flow conditions, the Broad River has significant capacity to assimilate this discharge. Detailed cost estimates and operations costs are included for the feasible alternatives. 5 TABLE III-1: Anticipated Effluent Concentration Constituent Concentration (mg/1) Constituent Concentration (mg/1) Cl 17,000 As 0.25 K 5,000 Zn 0.08 SO4 4,000 Ni 0.15 Mg 500 Co NA Ca 1000 Cu 0.16 Na 8,000 Cd 0.27 F 20 Pb 0.50 Si 10 Al NA Mn 80 Cr NA Fe NA Sb 0.25 S n 0.001 NA: None Anticipated A. Connection to an Existing Wastewater Treatment System The nearest municipal wastewater facility with reasonable capacity to accept the process wastewater is the Town of Forest City Second Broad River WWTP, NPDES No. NC0025984, which is approximately 12 miles away. There are several challenges associated with this alternative including the distance of the facility from the site and the characteristics of the wastewater. The average flow to Forest City WWTP is approximately 1,000,000 gpd and the -permitted capacity is 4,950,000 gpd. The average is expected to increase beginning in August 2017 as Everest Textiles comes on line. 1,500,000 gpd has been allocated to accommodate this industry. The Town of Forest City anticipates that by the year 2018, the average flow to the plant will be at or above 2,000,000 gpd. This would result in approximately 1,950,000 gpd of flow allocation left available to be permitted for new industry. Therefore, the 979,000 gpd of flow from the AZP facility would represent 80% of the wastewater flow when combined with the current influent (3,000,000 gpd). The proposed flow of 979,000 gpd is 20% of the permitted capacity. As noted, the Forest City WWTP is located approximately 12 miles away from the AZP site as shown in Figure III-1. Connection to the Forest City WWTP would require a pump station and force main to be constructed to convey the wastewater to the Forest City WWTP. Pretreatment would also be required to prevent inhibition of the Town's biological treatment process. It is noted that although pretreatment could be accomplished to provide wastewater characteristics of the discharge that would prevent inhibition, the flow from AZP facility is not typical of domestic wastewater or of other carbon -based industrial wastewater that would be consistent with the plant's design. Acceptance of the wastewater would also cause other treatment complications due to dilution resulting in negative impacts to the plant's biological treatment process. The Forest City facility was designed to accept industrial wastewater that is consistent with carbon -based biological treatment processes. A detailed cost estimate has been included for this alternative to show the many requirements and resulting high cost. Due to the characteristics of the wastewater, the Town of Forest City cannot accept the effluent, therefore this alternative is not feasible. A letter from the Town of Forest City stating their inability to accept the wastewater flow has been included within the appendix. 7 ,m FIGURE 111-1 CONNECT TO FOREST CITY WASTEWATER TREATMENT PLANT HORSEHEAD CORPORATION • -�� PU`i"HERF©RD COUN r, NORTIi cfi,RouhJa !,,....+FOREST CITY $. 1 it �: r:, �• t'^_. SECOND @ROAD RIVER, s + WASTEWATER y TREATMEI':1T PLANT • V�� � u# yil .i �+a j rlr '. Y .. ~' 1 - +f .�,X• .I lf�..if i � ` �• .'`� y�i ,` � Sy e die - - 4T '%S , � • y.... ,. 1 � 8 }( -Y - �,• Y' tJ... � 4 `� 1 .fir POTENTIAL FORCE ,r MIN ROUTE t r �• tj t Y j 1 _ rcErr-.i� •- i -- #t1 PROPOSEDY i9A9 ` HORSEHEAD FACILITY Lsr,;x 1114 $CALL. z' — 7fls',4' 8 Based on the anticipated effluent parameters provided in Table III-1 above, the chloride concentration of the combined waste stream would be 6,617 mg/1 including Forest City's current flows and assuming the existing wastewater has a typical chloride concentration of 50 mg/l. Inhibition levels for an activated sludge waste treatment process with nitrification for chlorides are 180 mg/1 per "Comprehensive Guidance for North Carolina Pretreatment Programs" data taken from the "Guidance Manual on the Development and Implementation of Local Discharge Limitations Under the Pretreatment Program" published by the Environmental Protection Agency in December 1987. The mixture of AZP process wastewater with existing wastewater flow to the Town of Forest Citywould cause inhibition without pretreatment. Chloride concentrations would be required to be reduced by approximately 97% to less than 425 mg/I. This level of treatment would bring the combined influent level under the 180 mg/1 inhibition level..Chloride removal to this level could be completed with Reverse Osmosis (RO), electrodialysis (ED) or chemical precipitation. The most effective of these treatment options for the high chloride concentrations in the process waste is RO. The capital costs for this system will be high and recoveries are typically limited to 80-90%. The reject flow of 80,000-160,000 gpd is concentrated brine requiring additional treatment and disposal. RO technology has been appliedto a limited number of situations and is untested in this application. In other proposed or existing RO systems the disposal of this reject stream is a huge problem. Some facilities in the area of potable water treatment discharge the wastewater to surface waters. This approach here would defeat the objective of the treatment. Therefore, it is assumed that this water would have to be further'treated by a brine concentrator and crystallizer to remove the remaining liquid. The resulting solid waste would have to be disposed of at a landfill that could accept this material. The Town of Forest City requires an impact fee for new industries for flow allocation. If this option was pursued by AZP, the Town may assess an impact fee. Based on discussion, the fee is estimated to be $150,000 for an outside customer of this size. A detailed cost estimate for this alternative is included in Table 111-2 below. Table III-2: Co ... —_._. ITE_WNG. DESCRIPTION OLIANTITY UNIT UNITPRICE' ` EXTENSION, 1 Mobilization 1 Ls .$, 300,540.00 $ 100,540.00 2 Reverse Osmosis Treatment System, 1 LS $ 2,200,000.00 $ 2,200,000.00 3 -. Brine Concentrators and Crystalizers 1 LS $ 6,050,000.00 $ 6,050,000.00 4 Pumps, Piping, Installation 1 LS $ 2,750,000.00 $. 2,75Q000.00 5 iTreatments stem Building 1 Ls $ 247,500.00 $ 247,500.00 6 Electrical 1 Ls $ 1,760.00 $ 1,760.00 7 Pump Station w/ Standby Generator 1 LS $ . 302.50 $ 30250 8 12" PVC Force Main .53000 LF $ 49.50 $ 2,623,500.00 qi Air Re- lease Valve 10 EA $ 3,850.00 $ 38,500.00 10 Rock Excavation 2500 CY $ 82.50 $ 206,250.00 11 Select Backfill 2500 CY $ 16.s0 $ 41,250.00 12 Ero"sion Control 1 ILS $ 137,500.00 $ 137,500.00 CONSTRUCTION, SUBTOTAL $14,397,102.50 Conti n e ncy (SO%) $ 1,439,710.25 Design and Permittin -$ 1,316,590.00 ConstructionAdminlstration $ 1,152,030.Cd Town of Forest CityIm act Fee $ 150,000.00 Legal/Adminstration $ 82,500.00 Testing $ 44,000.00 PROJECT TOTAL ' $'38581,932.75 0 B. Land Application This alternativeconsiders the potential to spray or drip irrigate the process wastewater. Upon investigating alternatives for the previous EAA report, this alternative was discussed with Bill Yarborough, Regional Agronomist with the North Carolina Department of Agriculture and Consumer Services. The letter that was provided by Mr. Yarborough for the last Engineering Alternatives Analysis has been included .in the appendix. Mr. Yarborough indicated that.the high chloride concentration would be problematic for most common field crops and forage crops. Irrigation of the water without pretreatment for chlorides would likely result in injury to the plants and require constant :replanting or erosion the -site would occur due to the inability to maintain a consistent cover crop. In addition, Mr.' Yarborough indicated an agronomic,rate for irrigation in the area of %" per day which would require approximately 118 acres of wetted area. Some additional land would inevitably be required for buffers, maintenance area, water storage and pumping facilities. Irrigation could not be -permitted during wet: periods and when temperatures are below freezing. The proposed irrigation system -is assumed to be operated as a standalone system for disposal of the water. In this configuration, referred to as anon - conjunctive system, a large storage pond would also be required to store water when irrigation is not advisable and to account for seasonal variations in irrigation rates. A complete water balance is `required to determine the exact amount of storage needed, however, typically no less than-30.days is practical. Based on 30-days of storage approximately 24 million gallons of storage is required. It is assumed for, . purposes.of this report that a pond could be constructed to retain .this volume on or near the irrigation site. Per Metcalf and Eddy Wastewater Engineering Treatment and Reuse 4th edition pg. 1403 irrigation with chlorides above 350 mg/I should be severely restricted. Sprinkler irrigation water greater than 100 mg/I of chloride should. have slight to -moderate restriction. Therefore, to maintain the irrigation site without causing.injury to the plants as indicated by -Mr. -Yarborough a reverse osmosis treatment system similar to that described in Alternative A is recommended. There is not sufficient property to utilize the water for irrigation on the industrial facility site so it assumed that -property would be acquired within a mile of the site to be used for irrigation. 10 Table III-3: Cost Estimate - Land Application C. Wastewater Reuse This alternative considers the potential to reuse the wastewater for other purposes onsite or nearby. The large quantity of water and the projected chloride level are the largest hurdles for this alternative. There are no known needs for this quantity of non -potable water in the AN facility or any otherareas nearby. Utilizing the water for typical reuse applications such as toilet flushing_ are not sufficient to reuse the quantity produced and will still result in the need to dispose of the water at some point in the process. Use as`a cooling water is not feasible due to the chloride content. This alternative is notfieasible and will not be further considered. D. Direct Discharge to Surface Waters Background and Effluent Limitations The AN facility is located adjacent to the Broad River in southern Rutherford County. The facility currently holds an NPDES permit (NC0089109) to discharge 800,000 gpd of process effluent to the Broad River. This update increases the discharge flow to 979,000 gpd of,process effluent with revised anticipated concentrations of constituents. The Broad River is classified as WS-IV waters according to NCDECts Stream Surface Water Classifications. Based on communications with NCDEQ, the discharge flow of 979,000 gpd would be 0.90% of the Instream Wastewater Concentration (IWC). Table III-4 below compares the previous anticipated effluent concentrations to the current anticipated effluent concentrations. The existing NPDES permit includes limits for Total Cadmium, Chromium; Fluoride, and Total Lead. 11 ITEM NO: _ �•DESCRIPTION.-s: QUANTITY UNIT 'UNIT PRICE � EXTENSION 1 Mobilization 1 LS $ 534,600.00 534,600.00 2 Reverse Osmosis Treatment System 1 LS $2,200,000.00 $ 2,200,000.00 3 .Brine Concentrators and Crystalizers 1 LS $ 6,050,000.00 $ 6,050,000.00 4 _ Pumps, Piping, Installation 1 LS $ 2,750,000.00 $ 2,750,000.00 5 Treatment System Building 1 LS $ 247,500.00 247,500.00 6 Electrical 1 LS 1,760.00 1,760.00: 7 Site Work . 1 LS $ 165,000.00 $ 165,000.00 8 Yard Piping 1 LS $ 110,000.00 $ 110,000.00 9 _ Erosion Control 1 LS $ 82,500.00 $ 82,500.00 10 Effluent Pump Station to Irrigation 1 IS $ 302,500.00 $ 302,500.00 11. Force Main to Pond at Irrigation Site 5,000 LF $ 55.00 $ 275,000.00 12 Irrigation Pump Station 1 LS $ 247,500.00 $ 247,500.00 13 Spray Irrigation System 1 - - - LS $ 2,750,000.00 $ 2,750,000.00' -. 14 24-Million Gallon Storage Tank 1 LS $ 3,080,000.00_ , $ 3,080,000.00 - CO,NSYRUGTION SUBTOTAL " • $ 18,796,360.00' Contingency.(10%) $ 1,879,636.00 Design and Permitting $ 1,644,390.00. Construction Administration $ 1,438,800.00 Land (165 acres @ $8,000/acre) 1,320,�0.00 Testing $ 25,000.00 PROJECT TOTAL ,$','-.25,104,186:00 Table III-4 - Anticipated Effluent Concentrations Constituent Revised Anticipated Concentration (mg/1) Previous Anticipated Concentration (mg/1) Cl 17,000 >19,680 K 5,000 >9,036 SO4 4,000 >2,496 Mg 500 >1,044 Ca 1000 >672 Na 8,000 >5,760 F 20 >24 SiO2 10 >30 Mn 80 >120.00 Fe NA >1.20 Sn 0.001 >2.40 As 0.25 >0.24 Zn 0.08 >1.20 Ni 0.15 >0.60 Co NA >0.12 Cu 0.16 >0.12 Cd 0.27 >0.12 Pb 0.50 >0.60 Al NA >2.40 Cr NA >1.20 Sb 0.25 >0.24 NA: None Anticipated Proiect Description and Cost Based on this information additional pretreatment for discharge to the Broad River will remain _ unnecessary to meet Water Standards or Action Levels at the increased flow. The process has a relatively consistent flow and flow equalization is not expected to be required. To discharge the process waters to the Broad River, AZP has constructed 2,200 ft of gravity effluent piping, an instream diffuser, and effluent flow monitoring and sampling equipment. A detailed cost estimate is included in Table III-5 below. 12 . Table III-5: Cost Estimate — Direct Discharge to Broad River .ITEM NM'*, DESCRIPTION QUANTITY - Uld'IT P UNIT PRICE _ _ EXTENSION 1 Mobilization 1 LS $ 11,440.00 $ 11,440.00 2 Site Work 1 LS $ 22,000.00 $ 22,000.00 3 Effluent Piping to Broad River 2200 LF $ 88.00 $ 193,600.00 4 Effluent Diffuser 1 LS $ 38,500.00 $ 38,500.00 5 Effluent Flow Meter and Sampler 1 LS $ 27,500.00 $ 27,500.00 6 Electrical 1 LS $ 16,800.00 $ 16,500.00 7 Erosion Control 1 LS $ 82,500.00 $ 82,500.00 CONSTRUCTION SUBTOTAL $ 392,040.00 Contingency (10% $ 39,204.00 Design and Permitting $ 43,120.00 Construction Administration $ 31,350.00 Testing $ 11,000.00 PROJECT TOTAL $„`516;714:0,0' E. Combination of Alternatives A combination of alternatives refers to the possibility of using multiple options from the above alternatives. Potential combinations that can be considered are land application system with discharge for periods when irrigation is not required, or reuse of a portion of the water with the remaining water being utilized for irrigation or discharge. As described in the reuse alternative there is very limited potential use for reuse water from the facility and reusing a small portion would not be cost effective. Combining land application with a discharge would still require RO treatment for the portion of water to be land applied and the purchase/lease agreement for property to be irrigated. Although the requirement for effluent storage may be able to be removed by utilizing a discharge as a backup to irrigation the cost would still be significantly higher than Alternative D. Direct Discharge to Surface Waters. Based on this information a combination of alternatives is not practical and will not be further considered. IV. Economic Feasibility The feasible alternatives are Land Application and Direct Discharge to the Broad River. The capital costs for these alternatives are included in Section III. In order to compare these alternatives as accurately as possible, a present worth calculation is required to account for the impact of salvages values and operations and maintenance costs. Land application requires the installing of an RO system. In addition to operation of the RO treatment system the industry would also be required to operate the irrigation system. Typically, RO operation cost are $1-$3 per 1,000 gallons treated. Table IV-1 below gives a summary of typical operation and maintenance associated with an RO system. Assuming a cost of $2 per 1,000 gallons total yearly cost would be approximately $584,000. 13 Table IV-1: Reverse Osmosis Treatment System Operation and Maintenance Cost Item Cost/1,000 gallons RO Electricity $0.30-$0.50 Chemicals $0.20-$0.40 RO Membrane Replacement $0.07-$0.12 Brine Concentrator Electricity $0.80-$1.20. Membrane Cleaning $0.02-$0.05 Labor $0.03-$0.05 Operation of the irrigation system would include, certified operator, electricity, sampling/laboratory, and maintenance. Table IV-2 displays an estimate of these costs at $175,000 per year. Therefore, the total estimated operation and maintenance costs are for this alternative estimated as $759,000 per year. Table IV-2: Land Application System Operation Costs Item Cost/1,000 gallons Maintenance $30,000 Laboratory/Samples $12,000 Operator/Staff $75,000 Utility Costs $58,000 Total $175,000 Operation and maintenance costs for the direct discharge alternative will include laboratory/sampling, operator/staff, and maintenance of the flow meter, and sample equipment. Flow will be conveyed by gravity to the Broad River so electrical and maintenance cost will be minimal. See Table IV-3 below for a detailed cost estimate. Table IV-3: Direct Discharge to Broad River Item Cost/1,000 gallons Maintenance $5,000 Laboratory/Samples $12,000 Operator/Staff $10,000 Utility Costs $2,000 Total $29,000 A present worth analysis for the feasible alternatives is included in the appendix. Detailed calculations are included in the appendix. Direct discharge is the least costly alternative by a very large margin and is the recommended alternative. 14 V. Conclusion The process water effluent from the AZP.facility is projected to be 979,000 gpd: Five (5) alternatives were considered for disposal of the process wastewater however, the only reasonable alternative for disposal of the American Zinc Products LLC process wastewater is direct discharge to the Broad River. The flow will be high in chlorides and cannot be used for irrigation or treated with typical domestic wastewater without pretreatment. The most feasible treatment option for removal of chlorides is RO which carries high capital and operation costs. The discharge will not result in violation of any water quality standards in the Broad River and will be approximately 0.9% of the instream flow rate at the 7Q1Os flow. The present worth analysis shows that the direct discharge alternative is by far the most cost-effective alternative. Based on this evaluation the proposed alternative is direct discharge to the Broad -River. 15 Appendix 16 I Steven W. Troxier North Carolina Department Ol'r'1g1'ICulftlre Dr. Colleen Hudak -Wise Gommfssioner and Consumer Services Director Agronomic Division Foncst Westall i•lc(iil) brit Associates NO Box 2259 ;,Asheville, NC 2SS02 ltr. ti'estull, ! s I ant Writing to you as per your request for tun avronomist's opinion on the proposed new zinc Iacility in Rutherford County and a land application waste water permit. Below are tiny observations and concerns. According to ilne information provided to me. 2-lard application issues for the waste stater arc prominent. list is the chloride content of the waste water and 2"d (arid the most a_ronamic concern) is the quantity of total N%ater per day. i ss Chlorides are problematic at the levels presented for most common field crops and fora•�e crops. Over time, severe plant utjury can be expected at these leY els. This could )cad to constant replanning and possible erosion causir% off site d.•tmage finless erosion control best mananentent practices are carefully planned, installed, and carefully maintained. Nearly 700,000 gallons of «:isle water per day will be the most agronoinic concern for this operation. As you kvow, water is d critical component of good plant gr6wth.1 lowe er, escessiva water is one of the most limiting issues in any cropping =ystcm. This quantity of watermould require a mininmm of avc ' 100 aces of'land for application. (27.000 eat):}ns: r day equals one acre inch fora need for 26 acres of area for application. A good agronomic rate for waste wader is!/4 inch per day to r•.11ow for normal precipitation and winter application Where: little to no evaporation can be expected. This would equate to an application area of 104 acres for an application field). it is also a recommended practice to have a repair area ofatleast 501,0 of the acreage to allow for failures or other unforeseen adverrsity. Aininimum total laiid area orover 150 acres would be recessary to adequately treat this quantity of waste water. Even lvith this calculation, careful planning of grounri cozyr capable c fh:mdlin , this quantity of water trill be required. Considerations of slope, soil type, permeability, prozimi[y to water courses. etc. could also impact this acreage and require additional land to, achieve adequate land treatment of this waste water. This *duld require a detailed site investigation to determine site limitations. additional information is required, please let me know. mist 1040 Mail Service Cen(er,.Raleigh; North Cawina 27699-1040 (919) 733-2655 0 Fax (919) 733-2937 TM t 800-735.2962 Voice: 1-877-735.8200 An Equal Opportunity Affirmative Action Employer 17 TOWN OF FOREST CITY WATER RATES Fiscal Year -2016-2017 OUTSIDE TOWN LIMITS Minimum charge for 3,000 gallons $ 27.1.5 $6.97 per 1,000 for next 7,000 gallons $ 48.79 $6.25 per 1,000 for next 40,000 gallons $ 250.00 $5.42 per 1,000 for next450,000 gallons $2439.00.' $2.02 per 1,000 for all over 500,000 gallons TOWN FOREST CITY SEWER RATES, Fiscal year 2016-2017 OUTSIDE TOWN LIMITS COMMERCIAL AND INDUSTRIAL Minimum charge for-3,000 gallons $ 27.90 $4.52 per 1,000 for next 997,000 gallons $4506.44 $3.01 per 1,000 for all over 1,000,000 gallons Flow measurement based on 90% of water consumption RESIDENTIAL Sewer rates are same as water rates. 18 14 °�ror°,ram Town of Forest City PO Box 728 tioBEAA°,�� Forest City, NC 28043 June 9, 2017 To: Skysja Adams Odom & Associates From: Sonny Penson Chief Wastewater Operator/ORC, Town of Forest City Subject: AZR alternative connection to Forest City WWTP . . Skysja, The Town of Forest City WWTP was requested to consider treating 979,000 GPD flow from AZR (formerly Horsehead Corporation) as an alternative analysis which was part of . a NPDES permit application for AZR. After consulting with Keith Webb (McGill & Associates) we concur with the needed improvements stated in scenario #3 of Keith's . June 6, 2017 email to you. Based on the many improvements cited along with our own internal discussions for potential heavy metals, associated with the discharge we agree with Keith's recommendation that we cannot accept this flow at this time. If you have any additional questions or comments,,please contact me. Respectfully submitted, Sonn Penson ORC/Chief Wastewater Operator Town of Forest City. NC Cc: Jeff Dotson, Superintendent, Town of Forest City WWTP John Condrey, City Manager, Town of Forest City PO Box 728 Forest City, NC 28043 Telephone (828) 248-5217 Fax (828) 247-1626: Email address: sonnypenson@townofforestcity.com Visit our website www.townofforesteity.com ALTERNATIVE B -Land Application Description Cost(2017) :Present Value. $25,104,186.00 $25,104,186.00 . Total Ca ital.0utlay Annual O&M $759,000.00 • $9,487,500.00 $25,863,186.00 $34,591,686.00 Subtotal a)Q�' ` Type Life (YR)' Description % Ualue at (2037), Salvage at n (2037) Present Value >� � Structures 50 Treatment System Building $247,500.00 60% $148,500:00 $24,318.29 Collectors 40 Force Main to Pond at Irrigation Site $275,000.00 50% $137,500.00 $26,136.36. Structures 50 24 Million Gallon Storage Pond $3,080,000.00 60% $1,848,000.00 $302,627.62 Subtotal $3,602,500.00 $2,134,000.00 Net Present Value $34,289,058.38 ALTERNATIVE D- Direct Discharge to Surface Waters I ..Description Cost(2017)PresentValue Total CaitalOutlay L $516,714:00$516,714.00 $29,000:00 $362,500.00 Annual O&M $545,714.00 $879,214.00 Subtotal Life (YR) Description %Value at n (2037) Salvage at n (2037) Present Value .Type Lnt ;; Collectors 40 Effluent Pi ing to Broad River . $193,600.00 50% $96,800.00 $18,400.00 _Subtotal $193,600.00 $96,8 IVY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E Governor Director Mr. Anthony Staley, Plant Manager Horsehead Metal Products Inc. 484 Hicks Grove Road Mooresboro, North Carolina 28114 Dear Mr. Staley: Skvarla, III Secretary December 6, 2013 tiiviSRE WEIV D DEC 3 0 2013 Water Quality Regional Operations Asheville Regional Office Subject: Issuance of NPDES Permit Permit NCO089109 Rutherford County Production Facility Rutherford County Facility Class I Division personnel have reviewed and approved your application for a renewal of the subject permit. Accordingly; we -are forwarding the attached NPI)ES-dischargepermit. This permit is issued pursuant to the requirements of North .Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the,U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit contains no significant changes ftom your current permit. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512'N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterauality.om An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Nlitlmallb, requirements to obtain other permits which may be required by the Division of Water Resources or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 807-6393. Sincerely, AM i. Thomas A. Reeder cc: Central Files NPDES Files fAsh� e�ee Reg�ional"Office / Surface Water Protection Sectio� ESS/Aquatic Toxicology Unit ., r =1-11 Permit NCO089109 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Horsehead Metal Products Inc. is hereby authorized to discharge wastewater from a facility located at Rutherford County Production Facility Forest City Rutherford County to receiving waters designated as the Broad River in the Broad River Basin in accordance with effluent limitations; monitoring requirements, and other applicable conditions set forth in Parts - I, II, III and IV hereof. This permit shall become effective January 1, 2014. This permit and authorization to discharge shall expire at midnight on July 31, 2018. Signed this day December 6, 2013. Thomas A. Reeder, Director 'Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 4 Permit NC0089109 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDE8 Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Horsehead Metal Products Inc. is hereby authorized to: 1. After constructing the wastewater treatment facility, operate it in accordance with the existing wastewater treatment system consisting of the following components: ➢ Automatic sampler ➢ Instrumented flow measurement, and ➢ Diffuser The facility is located near Forest City, Rutherford County; and 2. Discharge from said treatment works at the location specified on the attached map into the Broad River which is classified C waters in the Broad River Basin. Page 2 of 4 Permit NCO089109 Part I A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT' `. CHARACTE-RI'STICS LIIVIITS _ MONITORING REQUREMENT$..' Monthly Average Daily . Maximum Measuremi. t Frequency Sainpie Type , Sample Locationl Flow (MGD) . _ 0.62 Continuous Recording I,or E Total Suspended Solids Monthly Composite E NH3-N Quarterly Composite E Total Aluminum Quarterly Composite E Antimony Quarterly 'Composite E Arsenic Quarterly Composite E Total Cadmium 350 ug/L 2,143 ug/L Monthly Composite E Chlorides Quarterly Composite E Total Chromium Quarterly Composite E Total Cobalt Quarterly Composite E Total Copper Quarterly Composite E Fluoride 315.8 mg/L 315.8 mg/L Monthly Composite E Total Iron Quarterly Composite E . Total Lead 4,386 ug/L 4,829 ug/L Monthly Composite E Total Nickel Monthly Composite E Total Tin Quarterly Composite E Total Zinc Quarterly Composite E pHz Weekly Grab E Chronic Toxicity3 Quarterly Composite E Turbidity4 j Monthly Grab E, U, D NOTES: 1. Sample Locations: I - Influent, E - Effluent, U - upstream (50 ft. upstream of the discharge), D - downstream (50 ft. downstream of the discharge). 2. The pH shall not be less than 6.0 standard units or greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) P/F Q 0.57%; Jan., April, July and October; See condition A(2) of the Supplement to Effluent Limitations and Monitoring Section of this permit. 4 The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM VISIBLE IN OTHER THAN TRACE AMOUNTS. Page 3 of 4- - - Permit NCO089109 A (2). CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 0.57% (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the -permit condition. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with -the -notation -of- "No- Flow' irr the- comment- area of the -form. The--report-shall-be submitted- to -the --- Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. ,Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the.DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 4 �� 11, ) .4+ % �+. 1 i n 1• ; `y i'O � i`+ N. f. V % 'r'` t C SCALE: 4 =' = 3000' fir � �'-•'; �f r�-'•�-.� ,� i �' � "�?4 ]•`la's �,•.f-r -� n; \ '.� :��_...� � /�'^-•— Y :' i F/'�'r.:, 4 � ` --,�J�. �,��i; j.l '„-"?`g" �t Vic.'- ,. ,� ' ;:r`�"-:,:_-.•,,. , 's r��l ` . � i� ,-, o� i, � � }. c e J 1 a.� i (}y J tMUL11�A� SOUTH GARQl.INA ON �A3 611 .y r N�j % Latitude: 35012'3" Sub -Basin: 03-08-02 Longitude: 81051'3" Quad #: F11SW Stream Class: C Receiving Stream: Broad River Permitted Flow: 0.62 MGD Facility Location ~ ,, North ®re Horsehead Corporation NC0089109 Rutherford Coimty Production Facility -'.:DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility includingthe collection system, which is not a designed or established or operating mode for the facility. Calendar Day The.period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater -than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 NDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass; the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over;the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 11/09/2011 ,DES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges... Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306,. 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 NPDES Permit Standard Conditions } Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] . e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and' who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Du tt�+ o Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part D.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 s S 'IDES Permit Standard Conditions _ Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this, Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate, information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly -authorized representative only if- (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager; operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or.position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011 1PDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submittingfalse information, including the possibility offines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 %_`;DES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facilit 'must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and -officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as, required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 ` WDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Sulichapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted;by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 DES Permit Standard Conditions - Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories'used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information. regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 ei. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years'per violation, or by both. If a conviction of a person is fora violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. 'Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chartrecordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit. ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 4PDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c.. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, . or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state statute. Version 1110912011 `' '� / �, '';DES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting - a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. Awritten submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.S and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. Other Information ' Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in -the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 2 15. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 1PDES Permit Standard Conditions ? Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and, rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal. system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The. Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 TPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part I1 of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [I 5A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization' may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or ' 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011 "DES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that'POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW,. and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or;lnterference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permttee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 IDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may, be necessary for the Pernittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR-, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements)., Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures,; and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 0214.0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless' the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts H.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44].. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local' Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40! CFR 403.5, local limits are Version 1110912011 DES Permit. Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] ` 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements; appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and. requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to_ comply with all industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905 NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their lUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical. Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoringand nd Reportinu The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.446)(2).and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq ), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions andother, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011 PDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ` Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for ]Us that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC.. 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 11/09/2011 Cantwell, Janet From: Harris James <jharris@horsehead.net> Sent: Friday, September 2..3, 2016 2:20 PM To: Cantwell, Janet; Staley Anthony Subject: RE: Twice a month sampling Janet, Thanks for the reminder regarding the twice per month sampling. As you are aware, we are in the "idle" mode at our facility and hope to start back up in the next 16 to 24 months. During this idle phase; it is difficult to gather effluent samples due to the lack of water that we have available during these low rainfall months and no production in the facility. But with that said, we will double down on efforts to ensure that 10 calendar days occur between the twice per month sampling. Jim Harris I Environmental Manager Horsehead Metal Products, LLC AMC 484 Hicks Grove Road, Mooresboro North Carolina 28114 C: 828-748-5283 1 P: 828-919-3139 iharristhorsehead.net From: Cantwell, Janet [mailto:janet.cantwell@ncdenr.gov] Sent: Friday, September 23, 2016 1:27 PM To: Harris James; Staley Anthony Subject: Twice a month sampling Hi Jim and Anthony ---Hope things are going well for you both. Just a reminder regarding twice a month sampling: In your permit: PART II, STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. Let me know if you Have any questions---Thanks---Janet Janet Cantwell Environmental Specialist —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828-296-4500 Office 828-299-7043 Fax Email: lanet.cantwell(a)ncdenr.gov RE DoWan MAY • 3 Water Resources ENVIRONMENTAL QUALITY Water CluaiKyReglonal0peraHons Asheville Rpalonal ffi0B_ April 14, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7012 2210 0002 3534 9519 Mr. Anthony K. Staley General Manager, Horsehead Corp. 484 Hicks Grove Road Mooresboro, NC 28114 PAT MCCRORY Governor . DONALD R. VAN DER VAART SUBJECT: NOTICE OF VIOLATION: NC NOV-2016-TX-0002 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NCO089109 Horsehead Metal products, LLC WWTP Rutherford County Dear Mr. Staley: Secretary S. JAY ZIIV MERMAN This is to inform you that a review of your toxicity_self-monitoring report for the months of January of 2016 indicates a violation of the toxicity limitation specified in your NPDES Permit. Director You should take whatever remedial actions are necessary;to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and.Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact me at (919 743-8442 or Mr: John Giorgino with this office at (919) 743- 8441. Sincerely; AMoore CindSupervisor Aquatic Toxicology Branch Water Sciences Section Division of Water Resources, NCDEQ cc: Vfflndo � avidson-iLAsheville-Regions Office, Aquatic Toxicology Branch Central Files State of North Carolina I Environmental Quality I Water Resources Water Sciences Section 1621 Mail Service Center Raleigh NC 27699-1621 919-743-8400 I WHOLE EFFLUENT TOXICITY MONITORING AND VRa'G INFORMATIO The following items are provided in an effort to assist you with identifying critical andls°� etimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do i�ot address or include all the toxicity testine and reporting requirements contained in'vour DES'iiermif: I ygn••shpuld=have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Branch at (919) 743-8401 or another Branch representative at the same number. I The permittee I is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. The reporting of whole effluent toxicity testing data is a dual requirement. All toxicityftest results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: f North Carolina Division of Water Resources Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Resources Water Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Toxicity test results shall be filed with the Water Sciences Section no later than 301days after the end of the reportin period (eg, January test result is due by the end of February). Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct eitlier single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. II Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Water Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Water Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. If your facility is required to conduct toxicity, testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. • ,r To determine if your AT test forms were received on time by the Division of Water Resources, you may consider your toxicity test results certified mail, return receipt requested to the Water Sciences Section. NCS000562 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES. DIVISION OF WATER QUALITY PERMIT `TO DISCHARGED, :TORMW�ATE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATIO&SYSTE In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North:Carolina. Environmental Management Commission, and the Federal Water Pollutidn'Control Act, as amended, F--Horseh-ead-Corporation-�,� is hereby authorized to discharge industrial stormwater from a facility located at Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, North Carolina J;': f Rutherford County to receiving waters designated as the Broad- River, a class C water in the Broad River Basin,. in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, and IV hereof. This Permit becomes effective April 1, 20.13. This permit and the authorization to discharge expire at midnight on M4r6h,`31j 2018. Signed this day March 25,2013, 101, POO for Charles Wakild, P.E., Director Division of Water Quality RECEIVED By the Authority of the Environmental Management Commission MAR 2 8 2013 water Protection SeclJ1011 off_ DWQ/Surfacc Asheville Regional office:'j TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B Permitted Activities N Section:C:.'.: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS F DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements TS{ PART III STANDARD CONDITIONS FOR NPDES STORMY Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liabili 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of, Report., 11. Onshore or Offshore Construction 12. Duty to Reapply Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 8 Permit No. NCS000562 OR PERMITTED TER INDIVIDUAL PERMITS c eb. J Permit No. NCS000562 4. Permit Modification, Revocation and Reissuance,°oe.Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities,,. Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures - 5. Representative Qutfall 6. Records Retention 7. Inspection and Entry Section E: leporting Requirements f ` 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability- of Reports 4. Non-Stormwater Discharges S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 16. Other Noncompliance 11. Other Information PART I . INTRODUCTIO SECTION A: trINDIVIDUAL PERMIT COVERAGE During the period beginning'on the effective date of the perm the permittee. s;outhorized to discharge stormwater associat Such discharges hall be controlled, limited, monitored, and r permit. If industHal;rriaterials and activities are not exposed to precip in 40 CFR&1.4, 26(gJ; the facility may qualify for a No Exposu stormwatend §s harge permit requirements. Any owner or of Exposure Exclusiomust submit a No Exposure Certification the Division; must receive approval by the Division, must mai unless authorized to discharge under a valid NPDES stormwal the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permit stormwater to the surface waters of North Carolina that has bi managed in accordance with the terms and conditions of this. I discharges shall be in accordance with the conditions of this pi Any other point source discharge to surface waters of the stat( allowable non-stormwater discharge or is covered by another approval. The stormwater discharges allowed by this permit s to violations of Water Quality Standards. This permit"does not relieve the permittee from responsibility other applicable federal, state, or local law, rule, standard, ordi decree. Part I Page 1 of 2 Permit No. NCS000562 t and lasting until expiration, A with industrial activity. sported as specified in this tation or runoff as described 'e Exclusion from NPDES erator wishing to obtain a No lotice of Intent (NOI) form to stain no exposure conditions er permit; and must recertify is authorized to discharge adequately treated and nit. All stormwater is prohibited unless it is an irmit; authorization, or tall not cause or contribute compliance with any ce, order, judgment, or 1 SECTION C: LOCATION MAP NCS000562 Map Srak 1.24,000 v- Horsehead Corporation . _4 Rutherford County Fatality Latitude: 351 IV W N - 9 .C-'N LanglKide:810 50'59"W Co rky: Rugm ford Qxmt� RecelWmg Stream: Broad Riwer Stream Ckm-. C Sub -art: 03-08-02 Broad Pimr Basin Facillt Lomtion Part I Page 2 of 2 Permit No. NCS000562 PART-If`e:, i,?MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A:' 'STORNIWATER POLLUTION PREVENTION PLAN .. The permittee,?shall develop and implement a Stormwater. Pollution'Prevention Plan (SPPP). The-SPFPLshall be maintained on site. 'The SPPP is public information in accordance;;ut ith':part III, Standard Conditions; Section E, paragraph 3 of this.permit The SPPP shalYi 1_i1de _ at a minimum, the following items: 1. Site Overview: ' The Site Overview shall provide a description of the physical facility and the potential_:pollutant sources that have the potential to contribute to contamin'at:i'on of stormwater discharges. The Site Overview shall contain the following: (a) A gerienal location map (USGS quadrangle map or appropriately drafted equivalent map)-showing:the facility's location in relation to transportation routes and surface waters; `the.name of the receiving waters to which the stormwater outfalls discharge; and accurate latitude and longitude of the points of stormwater discharge as§oeiaiedvith industrial activity. The general location map (or alternatively the sitehiap)"shall'identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has;be'en established, and what the parameters of concern are. (b) A narrative description of storage practices, loading aInd unloading activities, outdoor'.process areas, dust or particulate generating or control processes, and wasteidisposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall, and a discussion. of failure modes that may impact the risk for polluted stormwater discharges.'.., (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; thestormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, pro:cess,areas, loading and unloading areas, and haul roads); site topography and finis ` hed grade; all drainage features and structures; drainage area boundaries and total'contributing area for each outfall; direction of flow, in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate. the percentage of each drainage area that is impervious, and the site map muSfinclude- a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 11 Permit No. NCS000562 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence ,qf noin-stormwater discharges. The certification statement will be signed in accgrdacewith the requirements found in Part III, Standard Conditions, Section B-Paragraph 3. 2. stormwater Management Strategy. The stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility. Study. An annual review by site management of the technical and economic feasibility of changing the methods of operations and/or -storage practices to eliminate or reduce exposure of materials and processes to rainfall: an:d run-on flows. Wherever practical, the permittee shall prevent exposure of storage areas, material handling operations, manufacturing, and fueling operations. In areas where elimination of exposure and/or prevention of run-on contact are not practical, the Feasibility Study shall document the basis for the nia=nage`ment decision that such controls are not feasible. (b) Secondary Containment Reyuiirements and Records. Secondary;containment is required for: bulk storage of liquid materials including petrol:euimnnoducts; storage Reauthorization Act (SAW water priority chemicals; and storage 1,*at3y amount of hazardous substances, in order to. prevent leaks and spills froffi confaminating. stormwater runoff. A table or summary of all such tanks and.storedmaterials and their associated, secondary containment areas shall be maintained:; -lf,the secondary containment devices are connected to stormwater conveyance: sy tdi is,:the connection shall be controlled by manually activated valves ocotlier similar devices, which shall be secured closed with a locking mechanism. Prior. to; release into the storinwaters conveyance system, any stormwater that accumulates n containment areas sl affbe at a minimum visually observed for color, foam,,Qutfall staining, visible sheens, and dry weather flow. Accumulated stormwater roar a released if found to be uncontaminated by any material. Records docume' ti,iig the individual making the observation or analyses, the visual. and analytical description of the accumulated stormwaters, and the dates and times of the releases shall,'. be kept for a period of five (5) years. (c) BMP Summary. A listing of site structural.and non-structural BestUanagement Practices (BMPs) shall be provided. The installation and imletnentiat?oai of BMPs shall be based on the assessment of the potential for sources fa conti•l�ue significant quantities of pollutants to stormwater discharges,artd on;da- a;collected through monitoring of stormwater discharges.. The BMP Summaryhall.nclude a written record of the specific. rationale for installation and implementation of the "U i' PartII Page 2 of 11 `�. ``<,i •t„ ,1,; is selected"site BMPs. The BMP Summary shall be reviev updated ='aztn'ually. 3. Splll•Prev 6i.i"And Response Procedures.. The Spill F ProcediW&(SPRP) shall incorporate an assessment of poi on a materials inventory of the facility. The SPRP'shall ad( failure mode preparations and responses. Site managem( personnel'espbnsible for implementing the SPRP in a wri SPRP along:with-Aated signatures by each individual ackn responsibilii i3O,$) finder the SPRP. A responsible person sh, during facility operations that have the potential to coritai through sl4s'or exposure of materials associated with the SPRP m-Ust-lie site stormwater specific. Therefore, an oil Counteririeasureplan (SPCC) may be a component of the I sufficientt. completely address the stormwater aspects o elements:of-the,SPCC with the SPRP may be incorporated 1 4. Preventative Maintenance and Good Housekeeping Pr maintenance=and good housekeeping program shall be de, The program,:sh�dl address all stormwater control system: outfalis; all on -site and adjacent surface waters and wetlar (including taterial storage areas, material handling areas, areas, loading and unloading areas, and haul roads), all dr, struttures;,atid Fsi ructural BMPs. The program shall establ maintenance; and housekeeping activities of stormwater c facility equipment, facility areas, and facility'systems that stormwater exposure or stormwater pollution where not another element;of the SPPP. Inspection of material handl cleaning schedules of these areas shall be incorporated int compliance with the established schedules for inspections, housekeeping shall be recorded and maintained in the SPF 5. Facility Inspections. Inspections of the facility and all sto coiilirol systems shall occur as part of the Preventative Mai Housekeeping, Program at a minimum on a semi-annual sc: half of the year (January to June), and once during the seco with at least 60 days separating inspection dates (unless p than semi-annually). These facility inspections are differ( the stormwater, discharge characteristic monitoring at the Sections B and C of this permit. 6. Employee Training. Training programs shall be develope minimum on an annual basis for facility personnel with re.< response and cleanup, preventative maintenance activities operations that have the potential to contaminate stormw� Part II Page 3 of 11 Permit No. NCS000562 by site management and 'evention and Response !ntial pollutant sources based -ess spill response and it -shall identify facility ten list incorporated into the wledging his or her 1 be on -site at all'times �inate'stormwater runoff facility operations. The )ill Prevention Control and ?RP, but may not be the SPRP. The common y reference into the-SPRP. gram. A preventative sloped and implemented. stormwater discharge Is, industrial activity areas lisposal areas, process nage features and ;h schedules of inspections, ntrol systems, as well as resent a potential for ready addressed under ag areas and regular the program. Timely ,maintenance, and water conveyance and nance and Good Jule, once during the first half (July to December), )rmed more frequently from, and in addition to, :fall required in Part II i and training provided at a ponsibilities for: spill and for any of the facility's ter runoff. The facility Permit No. NCS000562 personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. Site management shall identify, and the SPPP, shall document, a specific position or positions responsible for the overall coordination;:development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided.. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site'drainage, maintenance, or configuration of the physical features which may .have a significant impact on the potential for the discharge of pollutants to surface waters.. All aspects of the SPPP shall be reviewed and updated on an annual basis. 'file annual update shall include all the aspects. required immediately "above in items 1.-7 aiid a review and comparison of monitoring analytical data to benchmark values over the pastyear, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report form, available from the Stormwater Permitting Units website here: hrrp:1/12ortal ncdenr.orgfwebjwgjws/su/ni2dessw)�, The Director may notify the permittee when the SPPP does not nieet-one.or more of the minimum requirements of the permit. Within 30 days of such i atice ,.t e;:perr ittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writirig'(in:accordaiice with Part lIi, Standard Conditions, Section B, Paragraph 3) to the Director that the cliariges 'have been made. 9. SPPP Implementation. The permittee shall implement the Siormwater Pollution Prevention Plan and all appropriate BMPs to prevent contaminants:tfriom.entering surface waters via stormwater. Among other actions. identified herein;:implreiiientation of the SPPP shall include the documentation of: all monitoring; -in asur.=eme..nts, inspections, maintenance activities, and training provided to employees; ipcluding the log of the sampling data and of actions taken to implement BMPs :associated with the industrial activities. Such documentation shall be kept on -site for,,a period'of five (5) years and made available to the Director or the Director's authorized��iepresentative immediately upon request. ` PartII Page 4 of 11 r`'' "� It • ' Permit No. NCS000562 SECTION B ANA%YTICAL MONITORING REQUIREMENTS , Analytical mam. to'ri'ng of stormwater discharges shall be. per.firmed as specified in Table 1. Al] analytical'inonitoring shall be performed during a nieasueeable storm event at each stormwater-discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial de -OW st be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted'-site-'6utfall. The previous measurable storm event must have been at least 72 hours rior.:_ See,De tuitions, j Table 1 ' An�lvtical Monitorfne Reauirement_e 4 � '.:�:l.:t ?.a: ... !:,... l .)fi r _a e. .:,.,..-_.:...:: .. .,.. ....,g,.,,.,.._ .: ,...�: - '.I� ,�, �t,:�.lii :::r. .f-a.:.: IVCiasu =e�Z�iie t :Sam `lev ; ,:,:r.,E • ':..: raCtel!151;ICS.-: ..... . ; -: ' - Total Sus 'eride'd`Solids m L quarterly Grab SDO Total Nitro-plV.,; ,, a•;;.;, m L quarterly Grab SDO Total Phos ifi 'r s':°', m L quarterly Grab SDO Zinc, Total Recoverable m L quarterly Grab SDO Lead, Total.Recovelable m L quarterly' Grab SDO Cadmium, Total Recoverable / m L quarterly Grab SDO Chlorides .}. ;, ,., ,. , :;; m L quarterly Grab SDO Non-polarf Oil �&iGtease/TPH Grab SDO mg/L quarterly EPA Method1664 SGT-HEM H standard quarterly Grab SDO Total Rainfa114 ' inches quarterly Rain Gauge - Footnotes: 1 Measurement,Frequency: Four times per year during a measureable stc petition DWQ to reduce the analytical monitoring frequency to twice per} monitoring results all within benchmark values Subsequently, two consei parameter re -institute quarterly monitoring for all parameters 2 Grab. samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater dischai 4 For each sampled measureable storm event, the total precipitation muss reading must be recorded. The permittee shall complete the analytical samplings in accor specified below in Table 2, unless adverse weather conditions (see Adverse Weather in Definitions). A minimum of 30 days sample events. Inability to sample because of adverse weathi documented n the SPPP and recorded on the DMR. The permi from each sample taken within the monitoring period (see Par Part it Page 5 of 11 m event The permittee may ar after eight consecutive quarterly tive benchmark exceedances for any outfall (00). recorded. An on -site rain gauge dance with the schedule prevent sample collection must separate successive x conditions must be tree must report the results : III, Section E). i0ermit No. NCS000562 Table 2 Mohitorine Schedule 12 Year 1- Period 1 1 April 1, 2013 2013 -7 Year 1- Period 2 2 July 1, 2013 September 30, 2013 Year 1- Period 3 3 October 1, 2013 December 31, 2013 Year 1- Period 4 4 January 1, 2014 .:'-.!Ma_rch,31,.2014 Year 2 -'Period I April 1, 2014 Nne'30,_2014 Year 2 - Period 2 6 July 1, 2014 .,.:seOt6rnber 30, 2014 Year 2 -Period 3 7 October 1, 2014 --bec6mber 31,2014 Year 2 - Period 4 8 January 1, 2015 31,2015 Year 3 - Period 1 9' April 1, 2015 jift.30, 2015 Year 3 - Period 2 10 July 1, 2015 .86pt6mber 30, 2015 Year 3 - Period 3 11 October 1, 2015 , ,b&ic6_ih8er 31, 2015 Year 3 -'Period 4 12 January 1, 2016 March 84, 2016 Year 4 " Period 1 13 April l,2016 jurie30,2016 Year 4 -Period 2 14 July 1, 2016- 30, 2016 Year 4.- Period 3 is October 1, 2016 'ecerhbler:31, 2016 D Year 4 - Period 4 16 January!, 2017 March 31,2017 Year 5 - Period 1 17 April 1, 2017 Ju:fte'3Q,, 2017 Year 5 = Period 2 18 July 1, 2017 September -31,2017 Year 5 - Period 3 19 October 1, 2017 Deciblmber3l,2017 Year 5 - Period 4 20--- 1 January 1, 2018 -:_.'Aa'r'ch.31, 2018 Footnotes: 1 Maintain quarterly monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal; of c6Ve*rage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the perinit. The permittee must continue analytical monitoring throughout the. permit renewal process, even if a renewal permit is not issued until after expiration of this permit 2 If no discharge occurs during the sampling period, the permittee must submit a..,monitoring report For indicating "No Flow" Within 30 days of the end of the sampling period. F' the`first term of this permit, the new facility start-up date is uncertain. Permittee need not saffipl&.6r ih.0 listed monitoring periods until the facility comes into ooeratio'n. Accordingly, the "Ni)- lovV"rtionitoring report is not required during the time before the facility comes into operAti Failure to monitor quarterly per the permitterms may result in the bivisi6hi't- q9uiring monthly monitoring for all parameters fora specified time peri6dA.,., . "Nb_di'§_ChArge," from an outfall, or inability to collect a sample because of adverse weather cdi Adit. 6ns during a monitoring period does not constitute failure to monitor, as long as it pto peirly reported. i " The permittee shall compare monitoring results to the benchmark 'Val ' iies-1 'iT- abip3 the -��-ma benchmark values in Table 3 are not permit limits, but should. be 118�bd as 1ih'' jna""geinent guidelines for the petmittee's responsive implementation of the StotitiWater-,0911u.tion Prevention Plan (SPPP). Part 11 Page 6 of 11 I Permit No. NCS000562 Table 3 . `,Benchmark Values for Analvtical Mnnitnrina N. Total Sus ended Solids m L 100 Total Nitrogen ' - mg/L 30 Total Phosphorus;._, mg/L 2 Zinc, Total:Recoverable mg/L 0.067 Lead, Total Recoverable mg/L 0.03 Cadmium, Tota1 Recoverable mg/L 0.001 Chlorides mg/L 860 Non -polar, Oil, &; Grease/TPH } ' [EPA Mefih9d1664 T-HEM)] mg/L 15 pH standard 6-9 l"l3Ullll lC 1. Analytical iesults must not be reported via any of the notatioi non -detect" �.or. any similar non -quantitative notation. Instead, anz reportingli'mt must be reported on the DMR in the format; values scripif4..Of the method or reporting limit. ' rS-mminaa Roort Requirement During the first term of this permit, and for the period beginn industrial activity.and continuing for two years nominal dura sample quarterly as provided in Table 2, shall tabulate and in (minimum diglii data points). Within 30 months of start-up H a summary report that uses the collected data to support any onse action scheme for the purpose of benchmark,±an , response in awareness to potential pollutant discharl term of this permit, benchmark exceedances will not activate actions which are •shown below for reference only s, "BDL. ND, BRL, <MDL, <PQL, ytical results below method or where XX is the specific numerical with the on -site initiation of .. i thereafter, Horsehead shall pret the collected data ;ehead shall present DWQ with )posed alternative monitoring, taining site management from the site. For the first Vs standard Tiered Response The summary report, shall specifically consider and interpret the collected data with respect to the benchmarks Identified in this permit, and shall identify the Tiered Response action status that would have been triggered by the data collected. While DWQ is eonsideriing Horsehead's summary report and d permit, if any,.may be reasonable and protective, and continu permit termuriil _ any such changes in the permit requirement Horsehead shaYl,be subject to the full provisions of sampling, 4 and reporting contained in Part 11 Section B. All other provisi, from the effectivi!'date of the permit until expiration. Part II Page 7 of 11 :ermining what revisions to the g on for the remainder of the may be established by DWQ, mparison to the benchmarks, is of the permit remain in effect P6 it No. NtS000562 " If. The first valid sampling results are above a benchmark value, or outside of iliebefidlimaik range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within,tw-6'W16AS, of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedahce 3. Identify potential and select the specific-, source controls, operati.o."n'alc6iitrol-si:or physical improvements to reduce concentrations of the parameters of concern; and/or -to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspectipfi. 5. Record each instance of a Tier One response in the SPPP. Include the. date and -value of the benchmark exceedonce, the inspection date, the personnel conducting the iiispection, the selected actions, and the date the selected actions were implemented. ­0 If: During the term of this permit, the first valid sampling results from two con"�s'-e'.cu*tive',monitoring periods are above the benchmark values, or outside of the benchmark range, for an"'y.specific paraffieter at a gpecific dischar-ge.outfall; Then: The periffifiee shall: L. Repeat all the required'actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters. The pgmiftee shall conduct monthly monitoring at every outfall where a sampling result excei6ded , the ben-chmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark ' valuesioiliefthin benchmark range- 3. If no discharge occurs during.the sampling samplin' period, the permitteeis rOquir . e&f6,submit a monthly monitoring report indicating "No Flow". a. 4. Benchifia.rk exceedances for a different,paraffieter separately trigger alieied response. S. Maintain a record of the Tier Two response and monitoring results in the,'0M. Part H Page 8ofll During the term:of.*.spprmit if the valid.sampling results required for the permit monitoring periods exceed the herichmar, value, or are outside the benchmark range, f6r any specific parameter at any specific outfall on four occasions, the permitte6 shall, notify the DWQ Regional Office Supervisor in writing within 36 days of receipt of the fourth analytical results. DWQ may, but is not limited to, • require that the permittee revise, increase, or decrease the monitoring frequency for some or all, parameters; • require the permittee to install structural sto,rmwater controls; • require ' thepermittee to implement.other stormwater control measures; • requir6ihe p6rmittee to perform upstream -and downstream monitoring to characterize impacts,on.rec.eiving waters; or • requirethe,permittee. implement site modifications to quali�fy for a No Exposure Exclusion. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Broad River, the permittee maybe required to monitor for the pollutant(s) of concern in the future and t submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the. maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the Stormwate. r Pollution Prevention Plan. -'Permit No. NCS000562 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to quickly evaluate the effectiv*en0_ss'of the permittee's implementation of the SPPP, and to assess new sources of stormwater pollution, and to prompt the permittee's response to obs6rved pollution. Quallt#!Ve_'ffi6nitoring of - stormwater outfalls must be performed during measurable storm`eye. t Qualitative monitoring requires a visual inspection of each stormwater'-o'-u"ffaii.-'reg'atdless of representative outfall status. Qualitative monitoring shall be perforrriM.quarterly as specified in Table 4, and concurrent with the required analytical mofii.1o'rin"g'­_-events. Inability to monitor because 'of adverse weather conditions must be documented in the SPPP and recorded on the DMR (see Adverse Weather in Definitions): Only SI)Os discharging stormwater associated with industrial activity must be monitored. Table 4 Olualitative Monito'rinia Requirements e3if is.r. argeC. a,.-r,. akt. .-Ir it ""Ut it r n s. 0- .. . ...... Color quarterly Odor quarterly 'SDO Clarity quarterly SDO Floating Solids quarterly Suspended Solids quarterly Foam quarterly SDO Oil Sheen quarte ly 8b0 Erosion or deposition at the outfall quarterly Other obvious indicators quarterly S-DO Of stormwater pollution Fo-otnotes- I Measurement Frequency: Four times per year during a measureable storm event, See Table 2 for schedule- of monitoring periods through the end of this permitting cycle. The permittee ih.ust, continue qualitative monitoring throughout the permit renewal process until a new permit is issued. Qualitative monitoring must be continued quarterly, and is not eligible for the semi-annual monitoring _frqqyenc y under step-down provisions that apply to analytical monitoring. '2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Aminimum of 30 days must separate monitoring dates, unless additiohal.s6.Mpling has been instituted as part of other analytical monitoring requirements 1n.this BMPs are P.qrmlt- ,, If the permittee's qualitative monitoring'indicates that existing storjiiW'a­ier., ineffective, or that significant stormwater contamination is present, . the pe- ftfiittee shall investigate potential causes, evaluate the feasibility of corrective ;.�ci'io-ns;-,-'and 'implement Part Page 10of11 r I Permit No. NCS000562 those corrective -actions within 60 days of the qualitative monitoring event. A written record of the:permittee's investigation, evaluation, and response actions shall be kept in the SPPP. Qualitative..monitoring is for the purposes of evaluating the I effectiveness of the permittee's implementatio,n"of the SPPP, and assessing new sources of stormwater pollution, and prompting the permittee's-re§ponse'to pollution. If the permittee repeatedly fails to respond effectively to correct problems indicated by qualitative monitoring, or if the discharge causes or contributes to -a water qualitystandard violation, DWQ may, but is not limited to: • regiire'that,the permittee revise, increase, or decrease the monitoring frequency and parameters(analytical or qualitative) for a specified time period; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee'to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part 1l Page 11 of 11 Permit No. NCS000562 PART III STANDARD CONDITIONS FOR NPDES STORMWATERINDIVIDUAL PERMITS SECTION A- COMPLIANCE AND LIABILITY 1. Compliance Schgdule J. The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the'firsttime: The Stormwater Pollution Prevention Plan shall be developed and implemented withinl2`months of the effective date of the initial permit and updated thereafter on an annual basis:: Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution' Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the.beginning of discharges from the operation ofthe industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except revised SPPP elements in a permit renewal) shall become effective immediately upon issuance of this permit.*New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual,liasis. Secondary containment, as specified in Part III, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncoiipliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for.permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 127.41]. a. The permittee shall comply with standards or prohibitions established tinder -section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish'these standards or prohibitions, even if the permit has not yet been modified to -incorporate the requirement. b.. The CWA provides that any person who violates section[s] 301, 302, 306; 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such iedions`in`a permit issued under section 402, or any requirement imposed in a pretreatment program -approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to.a civil penalty not to`exeeed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] ' .r c. The CWA provides that any person who negligently violates sections-301; 302 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing dfiy.of'sikli sections in a permit issued under section 402 of the Act, or any requirement imposed' m a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent vlolatipp; a.Oerson shall be Part III Page 1 of 9 "f subject to',criminal penalties of not more than $50,000 per day of violation, or by imprisonment of 'not more thon 2 years, or both. [33 USC 1319(c)(1) and 40 CRR 122.41(a) (2)] d. Atiy:persoii�who knowingly violates such sections, or such conditions or limitations is subject to .crimigalpenalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall lie subject to criminal penalties of not more than $100,000 per day of violation, or imprison. , ent of not more than 6 years, or both. [33 USC 1319(c) (2) and 40 CFR 122.41(a) (2)] e. Any,person who knowingly violates section 301, 302, 303,306 307, 308, 318 or 405 of the Act, or any peril ft.condition. or limitation implementing any of such sections in a permit issued under sectipii 402 of the Act, and who knows at that time that he thereby places another person In i iimihdf&danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not mo'r`e'than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or -subsequent conviction for a knowing endangerment violation, a person shall be subject "to a ffh6 bf-W& more than $500,000 or by imprisonment of not more than 30 years, or both. An orariizatiori, as defined In section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of ;violating t ie imminent danger provision, be subject to a fine ofhot more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Uri•der-stafe laW, a civil penalty of not more than $25,000 per violation may be assessed against any.person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit, korth Carolina General Statutes § 143-215.6A] g Any person inay be assessed an administrative penalty by the Administrator for violating section 301; 3i12, 30'6, 307, 308, 318 or 405 of this Actor any permit condition or limitation implementing any of such sections in a permit issued nderse ction 402 of this Act Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class [penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500, [33 USC 18 19(g)(2) and 40 CFR 122.41(a)(3)] 3. Uu fo Mitilzate The`permittee'shall take all reasonable steps to minimize or prevent any discharge in violation of this permit.which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal L.iabilfty Except as provided In Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing In this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as'fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liabilipt Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject Wunder NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of Part III Page 2 of 9 Permit No. NCS000562 personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application,of such provision to other circumstances, and the remainder of this permit, shall not be affectedthereby.[NCGS 15013-231. B. Day to Provide Information The permittee shall furnish to the Permit Issuing Authority, within.a reasoiatile tiine,'any information which the Permit Issuing Authority may request to determine whether caus6,exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permitor to determme compliance with this permit. The permittee shall also furnish to the PermitTssuing Authority upon request, copies of records required.to be kept by this permit [40 CFR 122.41(h)].:, `� .] 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, orby imprisonment for not more than two years per violation, or by both. If a conviction of a person is for aMolation committed after a first conviction of such person under this paragraph, punishment Is a -fine of not. more than $20,000 per day of violation, or by imprisonment of not more than 4 years,, or. both' 14b CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false staf'erient, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10.00 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This permit does not authorize or approve the :construction of any onshore or�offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12, Duty to Reapply If the permittee wishes to continue an activity regulated by this permit afterrt'h`e.exlpi ation date of this permit, the permittee must apply for and obtain a new permit [40 CFR.1;-41`(bV SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date. In order. to recoive automatic authorization to discharge beyond the expiration date, the permittee shall submit forriis and fees as are required by the agency authorized to issue permits no later than 180 days :prior to the expiration date, unless permission for a later date has been granted by the Director: -:(The Director shall not g' rant permission for applications to be submitted later than the expiratio i, iate of the existing permit.) [40 CFR 122.21(d)]. Any permittee that has not requested renewal`at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected. to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part III Page 3 of 9 3., Trarisfdrs This permit is.not transferable to any person without prior.writte 2,, .. Dlrectdf ln,acc6} dance with 40 CFR 122.61. The Director may.con NCGS;1'43-2151; in particular,NCGS 143-215.1(b)(4)b.2., and ma} and reissuance of the permit, or a minor modification, to identify t such other requirements as may be necessary under the CWA [40 stattite.,The Permittee is required to notify the Division in v& facility is soidor closed. Permit No. NCS000562 notice to and approval from the lition approval in accordance with require modification or revocation to new permittee and incorporate TR 122.41(1) (3), 122.61] or state ling in the event the permitted All application reports, or information submitted to the Permitting Issuing Authorlty shall be signed and�cerldfied [40;,CFR 122.41(k)]. a. All permk ,pplications shall be signed as follows: (:1J ;.i?Qz,accArporation: by a responsible corporate officer. For Jesp6#sible corporate officer means: (a) a president, sec the, coil oration in charge of a principal business function ;..S,6i6WpoIIcy or decision making functions for the corpoi .pore manufacturing, production, or.operating facilities, I ;To make management decisions which govern the operati . h`aving'ttie explicit or implicit duty of making major capit and initiating and directing other comprehensive measur °tnv1roOmentaI compliance with environmental laws and ensure:_that the necessary systems are established or acts 1C accurate;information for permit application requirement, ;, tiocuments has been assigned or delegated to the manage ,; rocedures . (2) For a partnership or sole proprietorship:' by a general pa: or , (3) For a municipality, State, Federal, or other public agency: officer or ranking elected official [40 CFR 122.221.. b. All reports required by the permit and other information requ Authority shall be signed by a person described in paragraph representative of that person. A person is a duly authorized re (1) The authorization is made in writing by a person describe (2). The:authorizatlon specified either an individual. or a posit overall operation of the regulated facility or activity, such as t] operator of'a well or well field, superintendent, a position of e individual -or position having overall responsibility for envirol (A duly -authorized representative may thus. be either a named occupying a named position.); and (3)i The written authorization is submitted to the Permit Issui C. ` Changes to ;authorization: If an authorization under paragrapt accurate because a different individual or position has respon : the facility, a new authorization satisfying the requirements of be,.submitted to the Director prior to or together with any rep( a,;be s}gned,byan authorized representative [40 CFR 122.22] the purpose of this Section, a . atary, treasurer -or vice president of or any other person who performs ition, or (b) the manager of one or •ovided, the manager is authorized in of the regulated facility including I investment recommendations, s to assure long term egulations; the manager can ns taken to gather complete and and where authority to sign in accordance with corporate or the proprietor, respectively; either a principal executive ,ted by the Permit Issuing above or by a duly authorized resentative only ih above; n having responsibility, for the position of plant manager, (ivalent responsibility, or an :rental matters for the company. hdividual or any individual Authority [40 CFR 122.22] (b) of this section is no longer ibility for the overall operation of paragraph (b) of this section must rts, information, or applications to Permit No. NC8000562 d. Certification. Any person signing a document under paragraphs a. or br of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.. Based an my mqurry. of the person or persons who manage. the system, or those persons directly responslbleforgathering the information, the information submitted Is, to the best of my knowledge and belief, true, ;accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fines and imprisonment for knowing violations." 4. Permit Modification Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North'Carolina General Statute 143-215.1 et al. 5. PgrmitActions The permit maybe modified, revoked and reissued, or terminated for cause.- The notification of planned changes or anticipated noncompliance does not stay any permit condition. [40 .CFR 122.41_(f)]. i 6. Annual Administering and Compliance Monitoring Fee RegiiLtrernents The permittee must pay the administering and compliance monitoring fee witl ind (thirty) days after being billed by the Division, Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke the, permit., i SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Pamper Ogeratlon and Maintenance The permittee shall at all times properly operate and maintain all facilities dAd systems of treatment and control (and related appurtenances) which are installed or used by the pe'rinittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of ;this permit [40 CFR 122.41(e)]. -- . 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would nave been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 3. �y assing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permitte'of r Bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary coritral facilities, retention of stormwater or maintenance during normal periods of equpmentdowrtiine or dry weather. This condition is not satisfied if adequate backup controls shoUld-1 ave.bee,h installed in Part III_ Page 5 of 9 ii i Permit No. NCSOOOS62 the exerclse,of reasonable engineering judgment to prevent a bypass which occurred during -normal pe'ridds of equipment downtime or preventive maintenance; and C. 'The`perm"ittee submitted notices as required under, Part III, Si cdon E of this permit if the'flireeto .4biermines that'it will meet the three conditions listed above, the Director may approvean_anticipated bypass after considering its adverse effects. SECTION D:.MPNITQRING AND RECORDS 1. Representative Sampling Samples_ collected and measurements taken, as required herein, shall be characteristic of the volume andnature ofthe permitted discharge. Analytical sampling shall lie performed during a measureable storm; evgnt., :Samples shall be taken on a day and time that is characteristic of the discharge. All samplgs. shall , pie taken before the discharge joins or is diluted by any other waste stream, body of water; or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Recording RePul For each, measurement or sample taken pursuant to the requirements of this permit, the permittee shall; record the,following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. " ' The`iifdfv d tal(s) who performed the sampling or measurements; c. The .,date(s).analyses were performed; d. . Tlie.indigidual(s) who performed the analyses; e. 4 T-he analytical techniques or methods used; and f. The resul-ts,bf such analyses. 3. Fiow l�ieasuremen s Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures ,Test procedures for the analysis of pollutants shall conform to the EMC regulations published ;pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Representative nutfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director, for representative outfall status. g ' If it is. established that the stormwater discharges are substantially identical and the permittee Is i :granted representative outfall status, then sampling requirements may be performed at a reduced _.: number of outfalls. Part III Page 6 of 9 Permit No. NCS000562 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution, Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, . o copies of all data used to complete the application for this permit ; These records or copies shall be maintained for a period of at least 5 years;from the date of the sample, measurement, report or application.. This period maybe extended by requestof the Director at anytime [40 CFR 122.41]. 7. Inspection and Iint13E The permittee shall allow the Director, or an authorized representative (including'an-_authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal - operator or the separate storm sewer system receiving the discharge, upon the presentation.of credentials and other documents as may be required by law, to: „ a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions. of this permit; c. Inspect at reasonable times any facilities, equipment (including.monitoring and control equipment), practices or operations regulated or required under this ermit and. . P g q P, d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION'E: REPORTING REQUIREMENTS 1. Discharge Monitoring RepQrts Samples analyzed in accordance with the -terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are 'available on the Division's website (http://portal ncderir org4web/wQj /su4npdcsm). Submittals, shall be delivered to the Division no later than 30 days from the date the facility receives, t>ze sampling results from the laboratory. When no discharge,has occurred from the facility during the report period, the-permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T154-;02B .050,6. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location speciiied1h this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. i The permittee shall record the required qualitative monitoring observations; on;the.SDO.Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except.upon. DWQ's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Part III Page 7 of 9 j . 2. Submitting Reports Twosigned e4}ies of Discharge Monitoring Reports (DMRs) shall Central Files Division of Water Quality 1617 Mail Service Center r" Raleigh, North Carolina 27699-1617 3. Availability of Reports Except'for data determined to be confidential under NCGS 143-211 Federal'ActS3 ,TJSC 1318, all reports prepared in accordance with public: iff§P&t16ii.at the offices of the Division. As required by the considered confidential. Knowingly making any false statement of Imposition Ocriniinal penalties as provided for in NCGS 143-215.� Act" .. Permit No. NCS000562 submitted to: i.3(a)(2) or Section 308. of the the terms shall be available for ket, analytical data shall not be i any such report may result in the M or in Section 309 of the Federal 4. Non=Stormwater Discharges If the storm even t monitored In accordance with this permit coincides with a non-stormwater discharge;"the permittee shall,separately monitor all parameters afs required under all other applicab e`dis'cl'4rge permits and provide this information with the stormwater discharge monitoring repor>r, ,; ... 5. Planne8'Clianees' The permittee'.shall give notice to the Director as soon as possible p.erriittef faciliiy which could significantly alter the nature or qu., a CFR122:41(l)]: ; This notification requirement includes pollutants the permit or subject to notification requirements under 40 CFR P 6. oncompliance The.perrWittee shall give advance notice to the Director of any plat facility, which may result in' noncompliance with the permit [40 CI 7. The permittee shall report to the local DWQ Regional Office, withii defined in PartIV of this permit. Additionally,. the permittee shall i of 25 gallons or more, any spill regardless of amount that causes a spill regardless of amount occurring within 100 feet of surface wai gallons that cannot be cleaned up within 24 hours. 8. pass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance -of the i prior notice, if possible at least ten days before the date of the the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice with an unanticipated bypass. 9. Twen -four Hour Reporting a. The permittee shall report to the central office or the approp noncompliance which may endanger health or the environm provided orally within 24 hours from the time the permittee A'written submission shall also be provided within 5 days of diVare of the circumstances, Part III Page 8 of 9 any planned changes at the ity of pollutants discharged [40 iich are not specifically Iisted in :122.42 (a). :d changes at the permitted 122.41(1) (2)],- 24 hours, all significant spills as :port spills including: any oil spill been on surface waters, any oil !rs, and any oil spill less than 25 I for a bypass, it shall submit pass; including an evaluation of 24 hours of becoming aware of regional office,any Any information shall be ame aware of the circumstances. time the permittee becomes Permit No. NCS000562 The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact slates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance 140 CFR 122.41(1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the:I)ivisiowt,Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300: 10. Other Noncomi hp 'ance The permittee shall report all instances of noncompliance not reported under 24 dour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or In any reportto the-l)irector, it shall promptly submit such facts or information [40 CFR 122.410)(8)]. ":: i i}i± Part III Page 9 of 9 See Clean 'Watgr: Act. 2. Adverse 1Neattier Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, highwinds, or electrical storms, or situations that otherwise make sampling impractical. Wheii'adverse weather conditions prevent the collection of samples during the sample period, the permittee inust�take a substitute sample or perform a visual assessment during the next qualifying storm event Documentation of an adverse event (with date, time and written narrative) and the rationale"r iust-h6 included with your SPPP records. Adverse weather does not exempt the permittee from'having to`file a monitoring report in accordance with the sampling schedule. Adverse events and failure-s`to °mijbitor must also be explained and reported on the relevant DMR. 3. Allow—ableNo'n-Stormwater Discharges ! This permit regtilates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: a All other;dl�cllarges that are authorized by a non-stormwater NPDES permit b. Uncozitamin'ated groundwater, foundation drains, air -conditioner condensate without added chemicals `springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -fighting training; or emergency shower or eye wash as. a fesult bf use in the event of an emergency. , 4. nof ManagemgntPractices J1,110s) Measures;o'r practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: ht-,p:J/cfpub.epa.gov/n desistormwater/menuofbmpslindex cfm.� S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. i 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. a. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWO ! The Division of Water Quality, Department of Environment and Natural Resources. Part 1V Page 1 of 4 T a Permit No. NCS000562 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for'local storm events during the sampling period, and obtains approval from the local DWQ Regional Office. Two copies of this information and a.written request letter shall be sent to the local DWQ Regional Office. After authorization by the DWQ Regional Office, a written approval letter riiust be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self governor- ent such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, matgrial handling equipment or activities, industrial machinery, raw materials; intermediate products, by-products; final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Storm -'Water Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(9). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the. facility's notice of intent to seek coverage under a General Permit 19. Permit Issuing Authority The Director of the Division of Water Quality (see "Director" above). .01 20. Permittee The owner or operator issued this permit. Permit No. NCS000562 21. Point Source scharge of Stormwater Any. discernible -;confined and discrete conveyance including, but not specifically limited to, any pipe, ditch;'chant el tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. RepresentTtive Outfall Status Wlierift`i'estabTi'shed that the discharge of stormwater runoff from a single outfall is representative of the ..; discharges at`multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows th' a perriiittee to perform analytical' monitoring at a reduced number of outfalls. 23. Sec4tidary` Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year; 24-hour storm event) . . ,.. 24. Section` i1 *1N er Priority Chemical A chemical or'6l nical category which: b. Is listed in'4d CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right- td46w Act of 1986; c. .Is present at or above threshold levels at a facility subject to SAM title 111, Section 313 reporting requirements; and d: Meets'atieast one of the following criteria: ,. ,,is listed in appendix D of 40 CFR,part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); If ii' Is:lift6d' as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR "116.4;'or Is a 001hitant for which EPA has published acute or, chronic water quality criteria. 25. Severe Pro er Damage Substantial physical damage to property, damage to the control facilities which causes them to becomte inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused'by delays in production. 26. Significant'Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production;lhazardous substances designated under section 101(114) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 1' 27. Significant Soills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102�of CERCLA_(Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfal,)fSDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels; spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. Part IV Page 3 of 4 Pages Permit No. NCS000562 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with Industrial ActjyU The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined In 40 CFR 122.26(b) (14). The term does not include discharges from facilities or activities excluded from the NPDFS program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site, 32. Total Maximum'DaiI, Load oad (TMDL TMDLs are written plans for attaining and maintaining water quality standards, in'all,seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at hap://nortal.ncdenr.orgjwebJwfiIpsjm�t Jtmdl. 33. Toxic Pollutant - Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its. site of origin which can be seen with the unaided eye. 36. 25-year, 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded; on the average, once in 25 years. Part 1V Page 4 of 4 Pages NCS000562 NCDENR, t` North Carolina Department of.Environment and Natural. Resources Division.of Water -Quality M--_..,_ Beverly Eaves Perdue --'_`— _"_" -. ^-Charles Wakild P.C. Dee Freeman fi Governor Direcfor. Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Rutherford County Production -Facility, Horsehead Corporation owner Facility Location: US 221, south of Forest City; NC, Rutherford County Type of Activity: High purity zinc recovery from waste material SIC Code: 3341 Receiving Streams: Broad River, see Figure 1 River Basin: Broad River Basin, Sub -basin 03-08-02 Stream Classification & condition: Class C, no TMDL, no 303(d); Proposed' Permit Requirements: Monitoring Data: Response Requested by: Central Office Staff Contact: Special Permitting Issues: See attached draft permit. New permit, no historical data exists. July 16, 2012 Return to: Ken Pickle, (919) '807-6376 Risk cons►derat�ons '. , s . , q '_: Ratin Scale , t minimal risk 'toc10 risk factors, resent Compliance history No histo : rate Benchmark exceedance A new site, with no past measurements: rate 1 Location (TMDL, T&E species, etc) Downstream benthos impaired; downstream WS-IV and WS-IV CA: rate 6 Other factors: Other factors in aggregate present larger than normal risks for most • Zinc solutions, lead, and acids industrial sites: rate 10 present. • Industry is unique in NC, no other similar facilities. • A start-up facility. • Multiple tanks & containments, rail unloading, potential for process fluids to be exposed. © Avoiding heavy metal solutions discharges depends on proper operator actions to a larger than normal degree. Risk and .DWQ scrutiny rating: 18/40 - moderate stormwater pollution risks Page 1 of 4 NCS000562 Description of Onsite Activities: I-lorselicad receives waste zinc material, and refines it into a high purity product. Byproducts are secondary in importance, including minor amounts of lead and 'silver production. Documents -Reviewed:----_-_-- - • NPDES storniwater permit application materials, received in final forrn 1Vlay8,2012. • US Fish and Wildlife Service threatened and endangered species inventory for Rutherford County • Natural Heritage Program staff reports no rare aquatic SPCCiCS in the Broad River in this vicinity. • EPA Sector -Specific Permit, 2008. SIC 3341 covered, but -no benchmarks assigned. • Integrated Report 303(d) List, 2010 final: upstream W§-IV and downstream WS-IV and CA impaired for aquatic life, but the actual receiving reach is classified C and is not listed. • July 2008 Broad River Basinwide Plan: no cbmi-nent on this site; 2008 the receiving water is shown as supporting its classified uses. History: 0 First time stormwater permit application. 0 First time NPDES wastewater permit issued Nov. 11, 2011, NC0089109. Figure I.- Map of Facility -Pr M-% g'k 1/ 9 M i X-1 Y, msxm� Page 2 of 4 - NI CS000562 Recommendations: Based on application materials received on March.28, 2012; and again on April 2; and againon May 8, SPU considers the combined application materials sufrcient,to issue an individual Stormwater Permit. We are requesting Regional Office review comments, and firll or qualified concurrence. Prepared by (Signature) Signature of Ken Pickle Date Stor--mwater Permitting Unit Supervisor ^ditto -_ _ _ __ _ _ _ ..:.Date - for Bradley Bennett Concurrence by Regional Office ` GL'G^�---�—' Date / 1 m RO Water Quality Supervisor _..:._._ Date l- Regional Office Staff Comments (attach additional pies as necessary The ARO/SWPS offers the following comments on the draft permit.• 1. Require Horsehead Corporation to have the Stormwater Pollution Prevention Plan (SWPPP) in place prior to start - a of operations. Due to the complexity; of the operations (and that the. operation floes not fall under a genera/permit .for a known industrial sector), the ARO believes it is prudent to have the SH,`PPP in place at the time of industrial operations. 2. The "back up " plan for potential failures/problems with the detention basins/recycle loop system should be stated within the SWPPP. Ifafailure occurs, will this be apump andhaulsituation? YVill this be an operational shut down? Horsehead needs to state what actions will be taken should these problems occur. This is especially important to the ARO because, due to state legislation passed in 2011 [ref. Session Law 2011-394, Sec. 9], it is ARO's understanding that the requirements for Authorization to Construct Permitting were repealed for industrial perlmits of this nature. Therefore, we cannot require the company to provide specific information on detention times for the various basins proposed. 3. Upon review of the wastewater permit, and subsequent review of the stormwater draft permit, ARO recommends that chlorides be added to the quarterly monitoring. Chlorides sire toxic to aquatic life, difficult to treat, and maybe present in the stormwater as well. 4. ARO recommends that quarterly acute toxicity testing (or the most appropriate toxicity testing) be required in the Permit (please contact Carol Hollenkanrp of ATU for specific language to use in the permit). This testing is recommended as it mimics the synergistic effects of the stormwater discharge and its potential effect on the receiving stream. S. ARO would not object to conditional language being placed in the perreit to state (Basically), that, after 3 years of successful quarterly data has been collected (under bench marks and toxicity `passes. ), monitoring may be reduced to semi-annually. Three years of data, after the beginning of process operations, should be sufficient to determine measures are working success/illy. Page 4. of 4 NCS000562 Central Office Review Stumnary: 1. Owner's Other Permits: o NCO089109 issued for wastewater discharges. Permit limits oii Q, Cd, F, Pb, pH. Monitoring w/o limits on TSS, NH3, Al, Sb, As, Cl, Cr, Co, Cu, Fe, Ni,-Sn, Zn.; Also Chronic Toxicity and NTU. 2. General Observations: New, large site with no history. On -site zinc solutions are materials of primary concern. 3. Impairment: Receiving water not listed as impaired on 303(d) IR. I 4. Threatened and Endangered: None identified by USF&WS website; NHP staff contact reports no rare aquatic species in the Broad. River in this vicinity. 5. Location: Close to Brice in southern Rutherford County, on the south bank of the Broad River. Site elevation relative to the Broad River discharge point suggests energy dissipation concerns for stormwater flows. 6. Industrial Changes Since Previous Permit: New permit, no changes. 7. Analytical Monitoring Notes: Quarterly monitoring. 8. Qualitative Monitoring Notes: Quarterly visual monitoring. Permit Recommendations: Analytical Monitoring 1. Analytical monitoring has been set to quarterly during a measurable storm event as defined in Part 11 Section B. The recommended quarterly monitoring is more frequent than most standard industrial stonnwater permits. This facility handles heavy metal solutions, and is without a track record,of performance in North Carolina. Quarterly sampling is recommended in response to the increased risk factors noted above. DWQ can consider reducing the sampling frequency later in the permit term if supported by'subsequently collected data. 2. The permittee must document the total precipitation for each sampled event. if no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the three-month sampling period. 3. Analytical monitoring parameters: a. Metals: Zinc, lead, silver. Based on Zn solutions on site; based on ideritification of Pb as a secondary byproduct; Ag chosen for very low benchmarks and as a surrogaie for all other heavy metals potentially present. Ag reported as expected to be present and recovered in very small amounts. b.- Organics: TPII, based on significant on -site presence of kerosene or kerosene -like petroleum product as the solvent vehicle for DEHPA, a key process ingredient. c. Conventional pollutants: TSS, pH, TN, TP. Nutrients based one N and P compounds reported as present in the manufacturing process. I 4. Benchmarks are included for all analytical parameters. Exceedances of benchmark values require a response action from the permittee in a tiered program. If the sampling results are labove a benchmark value, then the facility shall follow the Tier I guidelines which require a facility inspection within two weeks and if feasible, implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at the discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and shall also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. Qualitative monitoring also must be accomplished during a measureable storm event. 6. Vehicle maintenance area monitoring is not applicable since this facility will have only one stormwater outfall. 7. The permittee is required to continue monitoring until the permit is renewed. See Footnote I of Table 2. i Discussions with permittee: DWQ met with Tim Basilone, Hofsehead Vice President, and with Forrest Westall, consultant, in an initial meeting, a follow-up meeting prior to application submittal, and a meeting subsequent to the initial submittal of application materials. In addition, email correspondence was used to request additional information on the proposed project. , Page 3 of 4 Cantwell, Janet From: Davidson, Landon Sent: Thursday, February 25, 2016 4:34 PM To: Bowden, Kevin Cc: Heim, Tim; Cantwell, Janet Subject: Horsehead bankruptcy Attachments: Horsehead bankruptcy.pdf Kevin - I will call -you tomorrow but attached is the notice. Their permit is NC0089109. Enforcements with outstanding balances include: LV-2015-0092 - $909.25 DV-2015-0030 - $,4,229.04 Thanks. G. Landon Davidson, P.G. Regional Supervisor —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. Davidson (c)-n cden r. gov 2090 U.S. Hwy. 70 Swannanoa,, N.C. 28711 -:'=-Nothing Compares.--u . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be .disclosed to third parties. 11 1 information to identify the case: Horsehead Holding Corp., et a/. EIN: 20-0447377 , United States Bankruptcy Court District of Delaware Case Number: 16-10287-(CSS) Official Form 309F (For Corporations or Partnerships) Notitie of Chapter`11' Bankruptcy Case` 12115 For the debtor listed above, a case has been filed under chapter 11, of the Bankruptcy Code. An order for relief has been entered. This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The tiling of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor or the debtor's property. For example, while the stay is in effect, creditors cannot sue, assert a deficlency, repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and affomey's fees. Confirmation of a chapter 11 plan may result In a discharge of debt A creditor who wants to have a particular debt excepted from discharge may be required to. file a complaint in the bankruptcy clerks office within the deadline specified In this notice. (See line 11 below for more Information.) To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below, through PACER (Public Access to Court Electronic Records at www.oacer.gov), or at the website maintained by the Debtor's noticing and claims agent, Epiq Bankruptcy Solutions, LLC, at htto:lldm.eoigl1.comIHOC. The staff of the bankruptcy clerk's office and Eplq cannot give legal advice. Do not file this notice with any proof of claim or other filing In the case. . Valid Picture ID Is required for access to the J. Caleb Boggs Federal Building. Additionally, Debtor(s) must also present photo ID plus original verification of his/her social security number to the Bankruptcy Trustee. If you do not have a photo ID and/or original verification of your social security number, please contact the Office of the United States Trustee's (302-573-6491). 1:' 'Debtbes-full name: Horsehead Holding Corp. 2. All other' names -used In the last 8 years: None Jointly Administered Cases ' DEBTOR ADDRESS Horsehead Holding Corp. 4955 Steubenville Pike 16-10287 (CSS) 20-0447377 Suite 405 Pittsburgh, Pennsylvania 15205 Horsehead Corporation 4955 Steubenville Pike 16-10288 (CSS) 20-0447346 Suite 405 Pittsburgh; Pennsylvania 15205 Horsehead Metal Products, LLC 4955 Steubenville Pike 16-10289 (CSS) 35-2456504 Suite 405 Horsehead Metal'Products, Inc. Pittsburgh, Pennsylvania 15205 The International Metals 4955 Steubenville Pike 16-10290 (CSS) 13-2858892 Reclamation Company, LLC Suite 405 Pittsburgh, Pennsylvania 15205 The IntemationalMetals Reclamation Company, Inc.. Zochem Inc. 4955 Steubenville Pike 16-10291(CSS) 98-0664475 Suite 405 Horsehead Canada Holding Corp. Pittsburgh, Pennsylvania 15205 3. Address: See Chart Above DOCS DB:205190.1 37010/001 i 4. Debtors' Proposed Counsel 5. 6. James H.M. Sprayregen, P.C. Patrick J. Nash Jr., P.C. (admitted pro hac vice) Ryan Preston Dahl (admitted pro hac vice) KIRK- LAND & ELLIS LLP . . KIRKLAND & ELLIS INTERNATIONAL LLP NO Nortl LaSalle Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Email: james.sprayregen@kirkland.c�om patrick.nash@kirkland.com ryan.dahl@kirkland.com Bankruptcy clerk's office Documents in this case may be filed at this address. You may inspect all records filed in this case at this office or online at Meeting of creditors The debtor's representative must attend the meeting to be questioned under oath. Creditors may attend, but are riot required to do so. i Deadline for filing proof of claim: Not yet set. If a deadline is set, notice will be sent at a later time. A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be filed either electronically or as a paper document. For more information on how to file a Proof of Claim, visit the Delaware Bankruptcy Court's website at hltp:/lwww.deb.uscouds.grfelaims-information or Epiq's website at h0p:Ildm.eoia1l.comMOC. Your claim will be allowed in the amount scheduled unless: • Your claim is designated as disputed, contingent or unliquidated; • You file a proof of claim in a different amount; or • You receive another notice If your claim.is not scheduled or if your claim is designated as disputed, contingent, or unliquidated, you must file a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file a proof of claim even if your claim is scheduled. You may review the schedules at the bankruptcy clerk's office or online at www.oacer.gov or htto:t/dm.epicl1.com1H0C. Secured creditors retain rights in their collateral regardless of whether they, file a proof of claim. Filing a proof of claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial.. 8. Exception to discharge deadline The bankruptcy clerk's office You must start a judicial proceeding by filing a complaint if you want to have a debt excepted from discharge under 11 must receive a complaint and U.S.C. § 1141(d)(6)(A). any required filing fee by the Deadline for filing the complaint: To be Determined following deadline. I I Laura Davis Jones (DE Bar No. 2436) James E. O'Neill (DE Bar No. 4042) Joseph M. Mulvihill (DE Bar No. 6061) PACHULSKI STANG ZIEHL & JONES.LLP 919 North Market Street; 17th Floor -. P.O: Box 8705 .., . • . _�:: . ; .. :::: . Wilmington, Delaware 19899-8705 (Courier : 19801) j Telephone: (302)'652-4100 Facsimile: (302) 1652-4400 Email: ljones;@pszjlaw.com crobirison@pszjlaw.com julvihill@pszjlaw.com 824 Market Street, 3rd Floor Wilmington, DE 19801 T. Proof of claim deadline Hours open: Monday — Friday 8:00 AM — 4:00 PM Contact phone 302-252-2900 March 11, 2016 at 2:00 p.m. (EST) The meeting may be continued or adjourned to a later date. If so, the date will be on the court docket. Location:' 844 King Street, Room 2112, Wilmington, DE 19801 i DOGS DE:205190.137010/001 1 - 9. 'Creditors with a foreign address If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the court to extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in this case. 10. Filing a Chapter 11 bankruptcy case Chapter 11 allows debtors tb reorganize or liquidate according to'a plan. A plan is not effective unless the court confirms it. You may receive a copy of the plan and a disclosure statement telling yori•about,the plan, and .you may. hare. the opportunity to. vote on.the plah:.You wilt receive hotioe of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor will remain in possession of the property. and may continue to operate its business. 11. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt. See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect the debt from the debtor except as provided in the plan. If you want to have a particular debt owed to you excepted from the discharge under 11 U.S.C. § 1141(d)(6)(A), you must start a judicial proceeding by filing a complaint and paying the filing fee in the bankruptcy clerks office by the deadline. Official Form 309F (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case M DOCS DE:205190.1 37010/001 PAT MCCRORY 1 Water Resources ENVIRONMENTAL QUALITY DONALD R. VAN DER VAART ' Sec•rerrrn� S. JAY ZIMMERMAN Director Mr. Jim Harris Horsehead Metal Products, LLC 484 Hicks Grove Rd. Mooresboro, NC 28114 February 4, 2016 CERTIFIED MAIL 7013 2630 0001 8998 3387 RETURN RECEIPT REQUESTED SUBJECT: Request for Payment of Civil Penalty File No. DV-2015-0030 Rutherford County Dear. Mr. Harris: As we discussed today, the Division of Water Resources (DWR) was unable to consider your request for remission of the civil penalty because the waiver of the right to an administrative -hearing required by North Carolina General Statute 143-215.6A(f) was not received from Horsehead Metal Products, LLC. Therefore, the full amount of the'penalty of $4,229.04 is immediately due and payable. Please make the check payable to the Department of Environmental Quality and send within ten calendar days to: Mr. Steve Lewis DWR PERCS 1617 Mail Service Center . Raleigh, North Carolina 27699-1617 If you have any questions, please contact me by phone at (919) 807-6383 or by email at Deborah.Gore @ncdenr.gov. Sincerely, 4J-� 4 Deborah Gore Supervisor Pretreatment, Emergency Response and Collection Systems Unit cm'11 doF aviM01 Supervisor Asheville Regional Office File # DV-2015-0030 Central Files Division of Water Resources F E B 1 0 2016 State of North Carolina I Environmental Quality I Water Resources I "rater Quality Regional Operations 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 L Ashc Ole Fieriioaa! 0"i;; e, 919-807-6300 i www.waterquality.org I Pat McCrory Governor North Carolina Department of Environmental Quality September24, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 2374 Anthony K. Staley Horse head:.Corporation 484 Hicks -Grove Road.,-. Mooresboro; M.C. 28114 Subject: NOTICE OF-VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2015-DV-0188 (BIMS Inc. #201501151) Horsehead,Corporation' Rutherford County Dear Mr: Staley: L El Donald R. van derVaart Secretary On September 9, 2015, the Division of Water Resources (DWR).visited your facility in response to notification that a e wsoltonwas.occurrw iltrreleas,ated into the. stormwater system through subsurface_ soils.and/or`stone base, material at'the cell house. The solution was actively discharging from your, stormwater.system to -the Broad River when DWR staff arrived onsite The discharge to.the Broad River did not cease. completely until September 12' according to,.site-personnel; it is- :unclear when the discharge to the Broad River began and the rate of dlscl arge;througho,ut the release period --A water.sample of the solution being discharged indicated _ elevated concentrations of metals such, as cadmium, lead.and zinc at levels above surface water standards. Violations-- - - As a'resuIt of the above_referenced release, the following violationsare— -noted: (1). illegal discharge ; (2) Oil Pollution and Hazardous Substances Control Act — Unlawful Discharge Violation I. Discharge Without a Valid Permit G.S. 143-215.1 (a) (1)'- "Activities for Which Permits Required. — No person shall do any of the following things or carry out any of thefollowing 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 Waters of the State." Violation 2. Unlawful Discharge G.S.143-215.83 — states that "It shall be unlawful, except as otherwise provided in this Part, for any -person to discharge, or cause to be discharged, oil or other hazardous substances into or'upon any waters,'tidal,,flats. beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this regardless of the fault of the person having control over the oil_or other hazardous substances, or regardless of.w_hether.the discharge . was the result of intentional or negligent conduct, accident or other cause." Water Quality Regional Operations — Asheville Regional Office 2000 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 FAX: 828-299-7043 Internet: hftp:/Iportal.ncdenr.org/webiwq An Equal Opportunity 1 Affirmative Action Employer Anthony K. Staley September 24, 2015 Page 2 of 2 Required Response This Office requests that you, respond to this letter in writing within 15 days of relceipt of this Notice. Your response should be sent to this Office at the letterhead address. Your response should address the following items: I 1. Please submit a report assessing the cause, significance, and extent of the release. The report should contain details of the estimated quantity of solution released (i.e., amount of product loss, estimated discharge rate to Broad River, etc.), conditions under which the solution was released and chjrr ical composition of the solution. Please include specific details as to why secondary containment and spill prevention measures failed during the release. You are to include a narrative describing thIe operational condition of the containment structures (i.e., seal between tank and cell house floor,letc.) prior to and during the release. You are to identify other areas within the plant with similar seals as 'well as providing a narrative describing in detail the construction specifications of secondary containment structures at the facility. You are also to submit a timeline of events associated with the release (i.e., time discharge first observed, time discharge to Broad River observed, notification times, etc.). 2. Please submit a plan listing all actions you will take to prevent future releases including any enhancements to containment structures, changes in operation and maintenance of existing containment structures or how similar seals will be evaluated for integrity.. Your comments should address -but are not limited to the following issues: spill response plan, preventative maintenance on your containment structures, monitoring of secondary containment integrity, etc. i Fines 'may be imposed under NCGS 143-215.6A(a)(1) of not "more than $25;000 per violation of any classification, standard, limitation or management practice established pursuant to G.S. 143-2,14.1. Additional action may include the issuance of a special order against you under the authority of G.S. 143-215.2, or a request,to the Attorney General to institute an action for injunctive relief. If. any failure to act is continuous, penalties may be assessed not to exceed a maximum penalty of $25,000 per day per violation under NCGS 143-215.6A (b)iso long as the violation continues. Your response to this correspondence will be considered in any civil penalty- assessment process that may occur. i This office requires that the violations, as detailed above, be abated immediately and properly resolved. Thank you for -your- attention -to this matter. This Office--is-considering-sending-a recommendation for enforcement -to the -Director - of the Division of Water Resources regarding these issues and any future/continued violations -that may. be encountered. If you have any question regarding this Notice, please feel free to contact me direct at 828-296-4680 or via email at, landon.davidson@ncdenr.gov. j Sincerely, G. Landon Davidson, P.G., Regional Supervisor i Water Quality Regional Operations Asheville Regional Office cc: Jim Harris, Environmental -Manager (via email) Brent Burch —NCDEQ DWM Hws (via email) Stan Aiken—'NCDEQ DEMLR.(via email) i Bradley Bennett — NCDEQ DEMLR (via email) &,,,CrAsheuil IeAF.il�s MSC 1617-Central Files -Basement WQ Enforcement i i North Carolina Department of. Environmental Quality Pat McCrory Governor October 23, 2015 a Donald R. van der Vaart Secretary Anthony K. Staley Horsehead Corporation 484 Hicks Grove Road Mooresboro, N.C. 28114 Subject: Closure of Notice of Violation NOV-2015-DV-0188.(BIMS Inc. #201501151) Horsehead Corporation Rutherford County Dear Mr. Staley: The Division of Water Resources (Division), Asheville Office, received your response to the subject notice of violation (NOV) on October 9, 20153ased on your response to the release as documented in your correspondence coupled with the ongoing assessment activities occurring under the direction of other NCDEQ agencies, the Division considers the subject NOV closed. Closure of this NOV in no manner releases you from requirements set forth by other NCDEQ agencies. Thank you for meeting with us on October 15, 2015 to discuss details of your response to the release. If you have any additional questions or concerns about the application of G.S.143-215.83 to the subject release as discussed in our meeting and in response to your letter, please do not hesitate to call me direct at 828-296-4680. Sincerely, G-Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional .Office cc: Jim Harris, Environmental Manager (via email) Brent Burch-NCDEQ DWM HWS (via email) Stan Aiken - NCDEQ DEMLR (via email) . Bradley Bennett - NCDEQ DEMLR (via email) Q Asheville Files MSC 1617-Central Files -Basement WQ Enforcement \\Wp3dnfp06.eads.ncads.net\data\WR\WQ\Rutherford\Wastewater\Industrial\Horsehead 89109\9-09-2015 spill response\NOV-2015-DV-0188nov close.doc Water Quality Regional Operations - Asheville Regional Office. 2090 U.S. Highway,70, Swannanoa, North Carolina 28778 Phone: 828-2964500 FAX: 828-299-7043 Internet: http://portal.ncdenr.org/webfwq,. An Equal Opportunity \ Affirmative Action Employer ' HORSEHEAD METAL PRODUCTS, INC. 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 October 9, 2015 t � V F-F�5I F-TA,L PR'6D€ CTS, INC. Via Electronic Mail (landon.davidson (a),ncdenr.gov) and U.S. Mail Mr. G. Landon Davidson North Carolina Department of Environment and Natural Resources Water Quality Regional Operations Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778., Re: Notice of Violation/Notice of Intent to Enforce NOV-2015-DV-0188 (BIMS Inc. #201501151) Rutherford County Dear Mr. Davidson: On September 24, 2015, Horsehead Metal Products, LL-C (Horsehead) received the above - referenced Notice of Violation/Notice of Intent to Enforce. (NOV) related to a release of low pH solution at the Mooresboro facility. As requested, this letter provides a report assessing the cause, significance, and extent of the release and a plan listing all actions to prevent future - releases. With respect to the allegation of discharge in violation of G.S. 143-215.83, the .release of the solution from the cellhouse containment was mitigated such that any discharge to the Broad River would not have resulted in a violation of G.S. 143-215.83. Specifically, the definition of "discharge" in Article 21 a of Chapter 143 provides in relevant part as follows: "Discharge" shall mean, but shall not be limited to, any emission, spillage, leakage, pumping, pouring, emptying, or dumping of oil or other hazardous substances into waters of the State or into waters outside the territorial limits of the State which affect lands, waters or uses related thereto within the territorial limits of the .State, or upon land in such proximity to waters that oil or other hazardous substances is reasonably likely to reach -the waters, but shall not include amounts less than quantities which may be harmful to the public health or welfare as determined pursuant to G.S. 143-215.77A; G-.S. 143-215.77(4). Section 143-215.77a provides that quantities of designated hazardous substances for purposes of this Article are the quantities . of designated hazardous substances as. established by the EPA pursuant to Section 31- 1 of the Clean Water Act.. The EPA has promulgated the quantities for designated hazardous substances at 40 C.F.R. § 117.1 The regulatory quantity for sulfuric acid is 1,000 pounds. Given the concentration of sulfuric acid in the released process solution and the subsequent efforts to mitigate any portion of the release HORSEHEAD METAL PRODUCTS, INC. 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 A HR�S'JEJ�_;1r 1 METAL PRODUCTS, INC. which reached the stormwater system, there is no reasonable potential that the regulatory quantity for a "discharge" under G.S. 143-215.77a could have been released to the Broad River. Upondiscovery of the lower than typical pH in the energy dissipater on September_ 5, 2015, plant personnel closed the main gate valve at the outfall to the Broad River and the gate valve on the energy dissipater at Basin 1. The energy dissipater is the first structure in the Basin 1 system and serves to slow stormwater as it enters Basin 1. Since there had been an extended period without any substantial rainfall prior to September 5, 2015, Basin 1 was empty and no discharge to the Broad River occurred to that point in time. The gate valves at the energy dissipater and Basin 1 remained closed throughout the investigation of the source of the lower than typical pH. Following a rain event on September 9, 2015, approximately :200,000 gallons of water was removed by vacuum truck from Basin 1. This water was recycled for use in the plant process. Additionally, sediment in the energy dissipater and sediment in Basin 1 with any visible impacts from the solution release were removed and placed in roll -off containers. Although the gate valve at Basin 1 remained closed, a leak near the gate valve 'in the discharge structure was discovered which allowed water from the basin to be discharged to the Broad River. While the leak continued until a repair was completed at 7 p.m. on September 11, the remediation of the sulfuric acid solution released to the stormwater system was concluded on September 9th and thus mitigated any impacts to the stormwater in Basin 1 such that the quantity of sulfuric acid discharges would not have reached the regulatory quantity for a "discharge" in violation of G.S. 143-215.83. Additionally, despite any elevated concentrations of cadmium, lead and zinc in the water sample referenced in the NOV, these elevated concentrations do not constitute an unlawful discharge pursuant to G.S. 143-215.83. These metals are covered , by the benchmark sampling requirements under NPDES Stormwater Permit No. NCS000562, and therefore any elevated levels of these metals would be addressed under the terms of that Permit. As such, any discharge with these elevated metals would not be a discharge in violation of G.S. 143-215.83. 1. Report on the Release On the evening of September 5, 2015, plant personnel identified a potential problem during the course of routine inspection at Basin 1 of the facility stormwater system. Using a basic pH testing strip, testing indicated a pH less than 6.0 Standard Units in the stormwater entering the energy dissipater which is the first structure in the Basin 1 system.I Further investigation indicated that the source of the subject water may have been material inadvertently making its way into the storm drain system from a malfunctioning pump in the vicinity of .the cellhouse earlier that day. On September 6, 2015, testing of water entering; the energy dissipater again indicated a lower than typical pH. A subsequent investigation' was undertaken to identify the source of water entering the stormwater system. This investigation revealed water entered the ' Basin 1 is a sedimentation basin, and the energy dissipater serves to slow. stormwater entering Basin 1. Business Confidential Information HORSEHEAD METAL PRODUCTS, INC. 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 KSTd MO-TAL PRODUCTS, INC. storm drains in the vicinity of ,the cellhouse, at which time efforts were underway to identify the source. On September 7, 2015 an investigation was initiated to identify potential sources of water entering the stormwater system in the vicinity of the cellhouse. Two contractors were engaged to assist in this effort. One company conducted a CCTV inspection inside the storm line in the vicinity of the cellhouse to identify the location of water entering the stormwater system. The other company installed an air bladder to prohibit water flow from the area into the downstream stormwater. system. - While the bladder was effective in stopping any additional flow from the- cellhouse area, the results of the CCTV inspection were inconclusive: as to the location of the water entering the stormwater pipe. On September 8, 2015, a detailed surface investigation was initiated in the cellhouse area to identify locations where seepage into the stormwater system may have occurred. A void located in a joint where a recirculation tank is in contact with the cellhouse secondary containment structure was discovered. The material escaped, as a consequence of a pump malfunction at the north sump of the cellhouse containment, when the water/acid solution in the containment area of the cellhouse rose to an elevation above the joint. The containment area under the cellhouse is designed to capture water solutions, including rain water, wash water and cell cleaning solutions from the cellhouse. The composition of the. material in the containment area typically is approximately 93% water, 6.1 % sulfuric acid, 85 ug/l cadmium, 17.3 g/l zinc, 24.4 mg/1 lead, and 203 mg/1 chlorides. The solutions are recovered in the containment area .under the cellhouse and pumped to the acid tank and then to the solvent extraction area for use in the process. When the low pH water in the stormwater system was discovered on September 5, 2015, the pump in the North sump .that sends the solution to the acid tank. had malfunctioned and was being repaired. While the pump was. being repaired, temporary pumps were installed in the containment :area to pump the solution. The liquid levels in these containment structures are monitored periodically by plant personnel during each operating shift. At the time of the, containment breach, the liquid level in the basement was higher than normal because of the pump malfunction. Because of this unusually high liquid level in the basement, the liquid . entered the open joint where the wall of the recirculation tank meets the floor of the containment area. Once the elevation of liquid in the basin rose to the elevation of the joint, the solution seeped into the joint and entered the area under the recirculation tank and the underlying gravel layer. The solution traveled through the backfill and infiltrated the stormwater drainage pipe backfilling the area. The liquid seeped into the stormwater pipe and traveled in the storm drain to Basin 1. Business Confidential Information 2 HORSEHEAD METAL PRODUCTS, INC. 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 r "P I GJIs1� ETAL PRODUCTS, INC. Although plant personnel could not determine whether a reportable quantity of sulfuric acid had been released, Horsehead called the NRC as a precautionary measure on September 9, 2015 at 3:30 pm, to advise the agency of the apparent release of process solution. from the base of secondary containment structure. After the call to the NRC, 'Horsehead notified the DENR Regional Office by telephone. We understand that DENR notified the Forest City Fire Department. All secondary containment structures in the facility are constructed of reinforced concrete with containment sizing based on 110% of the largest tank in the containment. Following the discovery of the unsealed joint in the containment area under the cellhouse, Horsehead engineers and maintenance personnel confirmed that no other areas in ; the facility have similar seal. problems. Based on the available information, any discharge of the solution'from the cellhouse containment area to -the Broad River was minimized through mitigation efforts following the initial discovery of low pH at the energy dissipater. As soon as the low pH condition of water entering the energy dissipater was detected on September 5, 2015, plant personnel closed the main. gate valve at the outfall to the Broad River and the gate valve on the energy dissipater at Basin 1. Since there had been an extended period without any substantial rainfall prior to September 5, 2015, Basin 1 was empty and no discharge to the Broad River occurred to that point i.n time. As noted above, on September 9th and loth, a rain event of approximately 0.7 inches of precipitation occurred and stormwater entered Basin 1. At the time, the main gate valve on the stormwater .discharge outfall was closed and the water was retained in the basin. On September 9, 2015, a leak near the gate valve in the discharge structure was discovered which allowed water from the basin to be discharged. Water discharged from the discharge structure was tested for pH and found to be below 6.0 Standard Units. Vacuum trucks were mobilized to remove water from Basin 1. Removed water was recycled for use in the plant process. The small leak that allowed water to enter the Broad River resulted from a crack in the concrete box that serves as the housing for the main gate valve. Hydraulic cement was used to seal the crack and stop water from leaking through the concrete wall. These repairs were completed on Friday, September 11, 2015, at approximately 7 p.m. We determined that water at the concrete discharge structure entered the Broad River from mid- day on September 9th until 7 p.m. on September 11. The duration of the leak was 55 hours. We estimated the flow rate from the leak to be 10-15 gallons per minute (GPM). Sample analytical results showed water discharged to the Broad River contained 3.36 mg/L cadmium, 0.541 mg/L lead and 685 mg/L of zinc. Business Confidential Information HORSEHEAD METAL PRODUCTS, INC. t R)�j/� -J� r _j , �CD} 484 HICKS GROVE, ROAD`- MOORESBORO, NORTH CAROLINA 281 1 4 METAL PRODUCTS, INC. 2. Plan to Prevent Future Releases in Containment Areas The following actions have been implemented to prevent a future releases: • As noted above, the defective joint in the containment area under the cellhouse in Area 200 has been repaired. Inspections will be performed on the containment areas for cracks and repairs will be made as required. • A high level alarm will be installed: on the cellhouse containment to alert personnel if liquid .levels are elevated so action can be taken to draw the level down. . • Weekly inspections have been_ initiated at the inlet and outlet of Basin 1, including field tests for pH. Horsehead remains committed to operating in a manner protective of the. environment: and _ - appreciates the Department's continued assistance as- we continue through the startup -phase at the Mooresboro facility. If additional.information is needed in support of this request, please -call me at 828=919-3.139. Since , Jim Harris Environmental Manager Business Confidential Information 4 HORSEHEAD METAL PRODUCTS, INC. j� r 484,HICIts GROVE ROAD a' I — AD +;'WP):MOORES8ORO, NORTH CAROLINA 281 14 mr_TALd PRODUCTS, 3'S, INC. February 16, 2015 To: G. Landon Davidson, PG NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor — Asheville Regional Office 2090 L7S Highway 70 Swannanoa, NC 28778 From: Anthony Staley, General Manager Horsefiead Metal Products, Inc. 4,84- Hicks Grove Road Mooresboro, NC 28114 Subject: Response to NOV.2014-LV-0544 Dear Mr. Davidson: The sampling analysis data for the June 2014 discharge monitoring report contained a cadmium , result on June 30 which was 480 micrograms per titer. This was slightly higher than the monthly average'limit of 350 micrograms per liter'. This was the first effluent sample and the plant was in the first month of start up. This exceedance occurred during a time when personnel were. starting new.equipment and. „Ri operators were gaining experience in the operation of the plant. This NOV should not be considered for penalty ,assessment because it occurred during: startup and the site had taken all necessary precautions to meet permit limits. Lab: analysis on process samples: indicated: the plant was in compliance. During June 2014, we:took only one sample of the effluent. Afterwards, we began taking multiple samples during the month to improve .the sampling strategy for the. effluent. Also, operational improvements enabled the plant to tighten controls on the 300 Bleed Treatment area. If you need additional information, please contact me at 828-919-3135. or Jim Harris at 8287748- 5283. i�t;Elil D.]Anthony Division or vJa.er Resour Sincerel , F E B 2 0 201 Staley, Gen al ManagerWater Qua1'r y Regnal OAsheville RealonalO NCDENR North Carolina Department of Environment and Nat�at( Di.1sivn or V,1=,ter Pat McCrory Governor Mr. Anthony Staley Horsehead Metal Products, LLC 484 Hicks Grove Road Mooresboro, NC 28114 Donald van d-Ir Vaart AUG 1: �U'15 Seccretary August 10, 2 15 Water duality Regional operations �� Ashz�-ilie Reryionzl OfF?ce RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State Horsehead Metal Products, LLC Rutherford County File No. DV-2015-0030 Dear Mr. Staley, This letter transmits notice of a civil penalty assessed against Horsehead Corporation in the amount of $4,000.00 plus $229.04 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention'of Mr. Steve Lewis DWR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1617 Mail Service Center, Raleigh, North Carolina 27.699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www rimateraualitv.ona An Equal Opportunity 1 Affirmative Action Employer 2. Submit a written request for remission including a detailed justification for such request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result,of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary'remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for farther appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty, (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be. submitted to the following address: Please submit this information to the attention of: Mr. Steve Lewis DWR 1617 Mail Service Center Raleigh, North Carolina 27699.-1617, 1 If you have any questions, please contact Mr. Steve Lewis, at (919) 807-6308 or via email at steve.lewis@ncdenr.gov or Ms. Deborah Gore at (919) 807-6383. Sincerely, Deborah Gore, Supervisor Pretreatment, Emergency Response and Collection Systems Unit. Division of Water Resources, NCDENR DAG/scl ATTACHMENTS cc: Ian_d=ori=Davidson;~Asheville Regional Office Supervisor Jeff Menzel,�ARO- Enforcement File DV-20IS-0030 Central Files STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) HORSEHEAD CORPORATION ) ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2015-0030 Having been assessed civil penalties totaling $4,229.04 for violation(s) as set forth in the assessment document of the Director of the Division of Water Resources dated August 10, 2015 , the undersigned, desiring to seek remission of the civil penalties, 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 penaltymust be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: DV-2015-0030 County: Rutherford Assessed Party: Horsehead Corporation Permit No. (if applicable): N/A Amount Assessed: ,$4,229.04 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). (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); (b) the violator promptly abated continuing environmental damage resulting from the violation (i. e., 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 M previous violations; — (e) payment of the civil ep nalty 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): STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD FILE NO. DV-2015-0030 IN THE MATTER OF ) HORSEHEAD CORPORATION ) FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Deborah Gore, Environmental Programs Supervisor for the Pretreatment, Emergency Response and Collection System (PERCS) Unit of the Division of Water Resources (DWR), make the following: I. FINDINGS OF FACT: A. Horsehead Corporation is a corporation organized and existing under the laws of the State of North Carolina. B. Horsehead Corporation owns and operates the Horsehead Metal Products, LLC facility located 484 Hicks Grove Road, Mooresboro, North Carolina 28114. C. On Saturday, April 25, 2015, 'depleted aqueous electrolyte solution was released due to failure of an elevated process pipeline at the site. An estimated 4,000 gallons of this solution mixed with storm water reached _a dirt road and an earthen drainage ditch adjacent to the road. Solution reaching the earthen ditch was conveyed offsite to an unnamed intermittent stream that is tributary to the Broad River. The aqueous solution contained sulfuric acid with a pH range of 1 to 3 standard units. Division of Water Resources staff measured the instream pH in the unnamed tributary at the confluence with the Broad River. The pH in the unnamed tributary was 3.19. The pH of the Broad River upstream of the confluence with the unnamed tributary was measured at 6.02. D. Horsehead Corporation had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $229.04. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Horsehead Corporation is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to the Broad River constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Horsehead Corporation may be assessed, civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Horsehead Corporation pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). F. The Environmental Program Supervisor for the Pretreatment, Emergency Response and Collection System Unit, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. -DECISION: Accordingly, Horsehead Corporation is hereby assessed a civil penalty of: $ 4,000.00 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 4,000.00 TOTAL CIVIL PENALTY $ 229.04 Enforcement costs $ 4,229.04 - TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b); which are: (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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) ' Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Deborah Gore PERCS Unit Supervisor Division of Water Resources lPat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources August 10, 2015 Donald van der Vaart Secretary Mr. Anthony Staley CERTIFIED MAIL 7013 2630 0001 8998 3431 Horsehead Metal Products, LLC _RETURN RECEIPT REQUESTED 484 Hicks Grove Road Mooresboro, NC 28114 SUBJECT: Assessment of Civil Penalties for Making an Outlet to aters o ED Horsehead Metal Products, LLC Division of Water Resources Rutherford County File No. DV-2015-0030 I AUG 13 2015 Dear Mr. Staley, Water Quality Regional Operations 3 �g rnecpon Office This letter transmits notice of a civil penalty assessed against Horsehea orpo><a " e--- amount of $4,000.00 plus $229.04 in enforcement costs. Attached is a copy of the'assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the' Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose fin-ther enforcement action for any continuing or new violation(s). Please submit payment to the attention ' of: Mr. Steve Lewis DWR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1617 Mail Service Center, Raleigh, North Carolina 27.699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 l FAX: 919-807-6492 Internet: www.ncwatergualitv.org An Equal Opportunity 1 Affirmative Action Employer 4 t. OR j J 2. Submit a written request for remission including a detailed justification for such request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or.a result -of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty. (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Please submit this information to the attention of: Mr. Steve Lewis DWR .1617 Mail Service Center Raleigh, North Carolina 27699-1617. All E If you have any questions, please contact Mr. Steve Lewis at (919) 807-6308 or via email at steve.lewis@ncdenr.gov or Ms. Deborah Gore at (919) 807-6383. Sincerely, Deborah Gore, Supervisor Pretreatment, Emergency Response and Collection Systems Unit. Division of Water Resources, NCDENR DAG/scl ATTACHMENTS cc: Landon Davidson, Asheville Regional Office Supervisor ��eff--lVlenzel;=ARO Enforcement File DV-2015-0030 Central Files E STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD FILE NO. DV-2015-0030 IN THE MATTER OF ) HORSEHEAD CORPORATION ) FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Deborah Gore, Environmental Programs Supervisor for the Pretreatment, Emergency Response and Collection System (PERCS) Unit of the Division of Water Resources (DWR), make the following: I. FINDINGS OF FACT: A. Horsehead Corporation is a corporation organized and existing under the laws of the State of North Carolina. B. Horsehead Corporation owns and operates the Horsehead Metal Products, LLC facility located 484 Hicks Grove Road, Mooresboro, North Carolina 28114. C. On Saturday, April 25, 2015, depleted aqueous electrolyte solution was released due to failure of an elevated process pipeline at the site. An estimated 4,000 gallons of this, solution mixed with storm water reached "a dirt road and an earthen drainage. ditch adjacent to the road. Solution reaching the earthen ditch was conveyed offsite to an unnamed intermittent stream that is tributary to the Broad River. The aqueous solution contained sulfuric acid with a pH range of 1 to 3 standard units. Division of Water Resources staff measured the instream pH in the unnamed tributary at the confluence with the Broad River. The pH in the unnamed tributary was 3.19. The pH of the Broad River upstream of the confluence with the unnamed tributary was measured at 6.02. D. Horsehead Corporation had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $229.04. I Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Horsehead Corporation is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to the Broad River constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge. constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- -215.1. D. Horsehead Corporation may be assessed. civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Horsehead Corporation pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). F. The Environmental Program Supervisor for the Pretreatment, Emergency Response and Collection System Unit, pursuant to delegation provided by the Secretary of the Department, of Environment and Natural Resources and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. * DECISION: Accordingly, Horsehead Corporation is hereby assessed a civil penalty of. $ 4,000.00 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 4,000.00 TOTAL CIVIL PENALTY 229.04 Enforcement costs 4,229.04 TOTAL AMOUNT DUE 0 As required by G.S. 143-215.6A(c), in determining. the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Deborah Gore PERCS Unit Supervisor Division of Water Resources STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF ASSESSMENT - ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND HORSEHEAD CORPORATION ) STIPULATION OF FACTS FILE NO. DV-2015-0030 Having been assessed civil penalties totaling $4,229.04 for violation(s) as set forth in the assessment document of the Director of the Division of Water Resources dated August 10, 2015 , the undersigned, desiring to seek remission of the civil penalties, 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 penaltymust be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of , 20 SIGNATURE ADDRESS. TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: DV-2015-0030 County: Rutherford Assessed Party: Horsehead Corporation Permit No. (if applicable): N/A Amount Assessed: $4,229.04 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Rjht 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). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282 1(b) were wrongfully pplied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., -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; (e) payment of the ' civil -Denaliy 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): r4j;A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 20, 2015 Anthony Staley, General Manager Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, NC 28114 Subject: Payment Acknowledgement Horsehead Metal Products, LLC Permit Number: NCO089109 Case Number: LV-2015-0063 Rutherford County Dear Permittee:- Donald R. van der Vaart Secretary This letter is to acknowledge receipt of payment in the amount of $909.26 received from you dated _ August 14, 2015. This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statues, Regulations, or Permits., If you have any questions, please contact Wren Thedford at 919-807-6304. Sincerely, Wre-4, Tkt0 fo 0� Wren Thedford Wastewater Branch cc: Central Files NPDES �Ati sh VillEke- nalloffic~ e� 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492/Customer Service:1-877-623-6748 Internet:: www.ncwater.ora RECEIVED Division of Water Resource3 AUG 2 5 2015 t Water Quality Regional Operations Asheville Regional Office Ji An Equal OpportunitylAffirmalive Action Employer Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources July 7, 2015 CERTIFIED MAIL 7013 2630 0001 8998-0843 RETURN RECEIPT REQUESTED Mr. Jim Harris , Horsehead Metal Products, LLC 484 Hicks Grove Road Mooresboro, NC 28114 Dear Mr. Harris: Donald R. van der Vaart Secretary Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NCO089109 Horsehead Metal Products, LLC WWTP Rutherford County Case Number LV-2015-0063 In accordance with North Carolina General Statute 143-215.6A(f),and delegation from the Director of the North Carolina Division of Water Resources, John E. Hennessy, supervisor of the Water Quality Permitting Section's Compliance and Expedited Permitting Unit, considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $909.26. A copy of the remission decision is attached. Two options are. available to you at this stage of the remission process: You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of. Bob Sledge NC DENR-DWR — Wastewater Branch - Compliance & Expedited Permitting Unit RECi 1617 Mail Service Center pro,a w, Raleigh, North Carolina 27699-1617 OR I JUL " 9 A5 WaW Quaflty Regional dpem fena 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300lintemet www.ncwaterqualit .org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Mr. Jim Harris LV-2015-0063 Remission Decision p. 2 You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the fmal decision on -your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Bob Sledge NC DENR-DWR — Wastewater Branch Compliance & Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remission, they may agree with the Division of Water Resources' remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact me at (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. Sincerely, 4�j zo. f� Bob Sledge, Environmental Specialist Compliance & Expedited Permitting Unit Division of Water Resources Altachiiient cc sl�evill0jlegional 1 Enfoicement File 9 q1y DWR Central Files w......e-.....+lyT;+.e r:� lap. vs:�.er;;'�m;Y� T;•�.'?3 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0063 Region: Asheville County: Rutherford Assessed Entity: Horsehead Metal Products LLC Permit: NCO089109 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Once the higher concentrations were noted in the effluent, the facility's operating and technology teams conducted an investigation to determine the cause of high cadmium levels. The study revealed five different conditions contributing to high cadmium concentrations in the wastewater. Each was addressed with corrective action. The facility returned to compliance in early March 2015. The identified problem areas do not appear to be especially profound, and should have been identified and addressed through routine operational oversight. Under the circumstances, and considering the pollutant being discharged in excess ofpermit limits, it is questionable whether the response can be considered prompt abatement. ® (c) Whether the violation was inadvertent or a result of an accident: The facility states the violation occurred during a time when the facility was undergoing start up and ramp up activities associated with production. The facility is new in terms of technology and scale of operations; production activities had an unanticipated, negative effect on the effluent. Operation of industrial facilities should be conducted in a cooperative fashion between production and environmental interests. Industries have unique opportunity to remain proactive in their planning to help ensure environmental compliance. is maintained. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: The facility has not been assessed civil penalties during the five years prior to this civil assessment. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied D� Full Remission ❑ Partial Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ $ (Enter Amoun 7 7 /a-- E. Hennessy Date rev 1.0 — 8.31.09 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Horsehead Metal Products, LLC DWR Case Number LV-2015-0063 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawvers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt. of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.nebar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statuie concerning the authorized practice of law has occurred. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE _&� NCDENR ifn, North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 3, 2015 Sent via e-mail Mr. Jim Harris Horsehead Metal Products, LLC 484 Hicks Grove Road Mooresboro, NC 28114 Subject: Remission Request of Civil Penalty Assessment Horsehead Metal Products, LLC WWTP NPDES Permit NC0089109 Case Number LV-2015-0063 Rutherford County Dear Mr. Harris: Donald R. van der Vaart Secretary This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 807-6398 or via e-mail at bob. sledge@ncdenr.gov. Sincerely, __(V111" 0,- zo. 1)5w )� Bob Sledge, Environmental ; Compliance & Expedited Pei Division of Water Resources cc: Enforcement File w/originals Central Files w/attaohments CAsheville-Regional O ,fice w/.Ettachments �J�-'tom• ._ .rL-:',�� Er) x .JU i a 2015 orr yi i p orations � t I -- •-V..V«Y�•'+.•;ltY;%'. '.IKiFU+✓�'j:�✓X•f%'=1f �':9f'?l'1 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 9IM07-6300 Vntemet: www.newaterquality.org An Equal Opportunily l Affirmative Action Employer— Made in part by recycled paper JUSTITICATItoN rOR u(tEmissi oN n, ougsT CaseNumber: L`S7'-2015-0063 County: Rutherford Assessed Party; Horsehead Holding Corporation Permit No., NCO089109 Amount Assessed: $909.26 Please use this form when requesting remission of this civil penalty. You must also complete the ".Request For Retnission, Wiiiver• of Right to an .idminlWative Hearing, and S'tilndation of Facts" forth. 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 limitedto 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 accuraoy 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 lnay be granted only when one or more of the following five factors apply, 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). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied 10 the detriment ofthe petitioner (the assessment factors are listed in the civil penalty assessrnentdocurnent); (b) the violator promptly abated continuing euvirommental damage resulting from the violation (Le., explain the steps thatyou took to cot•rectthe violation and preventfzrture oecurrelices); (o) the violation was inadvertent or a result of an accident (i.e., explaln why the violation was. unavoidable or somethingyou could notprevent orprepare for); (d) the violator had not been assessed civil penalties for any.previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (U., explain how payment of the olvil penalty will prevent you front performing the activities necessary to etchieve compliance). - EXPLANATION: omn .. fe-00 VC8 - -b C. p, ! eal m q.- e ri o� , (I y+ y c o.Yl t rox-+6y5 W eye, Yang �t i N +0 Q-,11 'Onc n�u��� iai® �. i� on -� C3 C G t i'� C)► Y1 1 YY� } 2.i'}�� n� `�'�'1� ! C 1 A r1 C e - � rd. Ago r HORSEHEAD METAL PRODUCTS, LLC 484 HICKS GROVE ROAD MOORESRORO, NORTH CAROLINA 28114 May 28, 2015 VIA ELECTRONIC MALL AND U.S. MAIL NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations NCDENR Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 r0r."'rim..1PYm_ nU0,f,�,,, INC.. Re: May 1, 2015 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit No. NCO089109 Horsehead Holding Corporation, Rutherford County Production Facility Case No. LV-2015-0063, Rutherford County; and May 13, 2015 Notice of Violation and Recommendation for Enforcement; Tracking #: NOV-2015-LV-0312 Dear Sir and/or Madam: On May 4, 2015, Horsehead received the above -referenced May 1, 2015 Notice of Violation and Assessment of Civil Penalty ("May 1, 2015 NOV/Civil Penalty") related to an exceedance of the monthly average limit for cadmium as reported on the January 2015 DMR. Additionally, on May 18, 2015, Horsehead received the above -referenced May 13, 2015 Notice of Violation and Recommendation for Enforcement related to an exceedance of the monthly average lnnit for cadmium as reported on the February 2015 DMR. As a preliminary matter, the May 1, 2015 NOV/Penalty Assessment and the May 13, 2015 NOV are directed to Horsehead Holding Corporation; however, NPDES Permit No. NCO089109 was initially issued to Horsehead Metal Products Inc., and a request that the permit be transferred to a related entity, Horsehead Metal Products, LLC, was submitted to the Department on September 30, 2014. Accordingly, please confirm and revise the Department's record to reflect the correct peimittee. For the reasons set forth below, Horsehead requests remission of the civil penalty in the May 1, 2015 NOV/Penalty Assessment pursuant to N.C.G,S. § 143B-282.1(c). Additionally, Horsehead submits the information below as the written response to the May 13, 2015 NOV. Horsehead began limited production operations at the Mooresboro facility in.May of 2014. The Mooresboro production facility is the first facility in the United Stated using a state-of--the-art HORSEHEAD METAL PRODUCTS, LLC 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA281 14 �liS�•.i'Al., n^3i'Sa;}ia€3f::4'u;� fri\is:. extraction/electrowinning process for production of Special High Grade ("SHG") zinc metal. Although there are three other facilities outside the country which use this process, the design of the Mooresboro facility is a significant advancement over these earlier facilities and employs equipment and technology not previously used in full-scale production at any of those facilities. As such, Horsehead's operating and technical teams, with the support of its technology suppliers, have worked to diagnose issues encountered during star: -up and the continued ramp -up phase and have continued to make improvements and corrections to both equipment and process solutions during this ramp -up phase at the facility. With each adjustment and improvement to the processes to improve product quality, the operating and technology team must also address any potential impacts to its effluent. Following the exceedance of the monthly average limit for cadmium in January, Horsehead's operating and technical teams undertook an aggressive and comprehensive investigation to determine the cause of the elevated cadmium level in the process wastewater. During the course of that investigation, the facility continued to experience periodic spires in cadmium le�vefs in the process wastewater and again exceeded the monthly average limit for cadmium in February 2015, as reported in the facility's February 2015 DMR. By early March, the Mooresboro facility team had identified several factors that may have contributed to the elevated cadmium in the process wastewater, and began implementing corrective actions to address them. The following table provides a summary of the corrective actions taken and completed. "`E . K- a se r S:" e lj kti4�s �uY _ a�.:a ._ _is &2 „laxr.!.rs _ _as. 303A Filtrate Valve found to be Closed and repaired the valve. not closing properly although position indicated fully closed. Precipitated cadmium had built 0 DC 305 A&B were taken out of service and up in several process vessels. cleaned. • FD 203 was taken out of service and cleaned. • Drained the precipitated cadmium out of FB-304 and put it back in service. Conducted trial of new filter bags on 303 Holes occurred in the 303 press press to decrease filter failure and the test filter bags. was successful. Depletion carbon filters had Cleanout is complete and filters are back in fouled. service. The flocculent addition system has been Solids are accumulating in the optimized and we are seeing better control of CL-302 overflow. solids. Business Confidential Information HORSEHEAD METAL PRODUCTS, LLC rVl J ,484HICKSGROVEROAD 00��Jtt'���1 MOOREseoRo, NORTH CAROLINA 28114 NW -rim- �--Irz'3n1, m3, A-mc.. ,All of these measures have now been implemented. Sampling results since the implementation of these measures demonstrates that Horsehead has taken prompt and aggressive action to address the prior periodic spikes in cadmium in its effluent. The following summary includes data which will be reported on the April 2015 DMR: 10 -��",p S N£d `i t �A• �?�gyiq� � t � @fi' 15 �����r k� Cv� 1 -..,� ��i a �:. ? 5 1 ft,. 'v dv �',.n�.,.� . � {IiJ�_� ���{�g�� 1 '� Yt _6�ti ti1$` - �-� Monthly Average limit — 350 496.6 ug/1 685 ug/l 174.5 ug/l 119 ug/1 Maximum (limit — 2,143) 1120 ugh 1080 ug/I 317 ug/l 327 ug/1 Minimum 140 ug/l 268 ugA 55.6 ug/l < 1.0 ug/l The sampling results for March and April clearly demonstrate the effectiveness of actions taken by Horsehead to address cadmium levels in process effluent water in January and February. eh Accordingly, Horsead believes that such -actions -warrant-aremission-of"any civil-penalty"for+ ---- _ the January and February 2015 exceedances. Indeed, the breadth and scope of the corrective action attests to the ongoing efforts to continually assess and improve the facility's processes as needed during the ramp up phase of operations to ensure compliance with all applicable permit requirements. In support of our request for remission of the civil penalty, we are enclosing the Justification for Remission Request and Waiver of Right to an Administrative Hearing and Stipulation of Facts. Horsehead remains committed to full compliance with all regulatory requirements and appreciates the Department's guidance as it continues to work through the technical issues associated with bringing the Mooresboro facility into full operations. If additional information is needed in support of this request, please contact me or Jim Harris, Environmental Manager at (828) 919-3139. Sincerely, Anthony Staley General Manager Enclosures Business Confidential Information 2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RMIERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 11orsehead Holding Corporation } Rutherford Count y Production Facility ) } PERMIT NO. NCO089109 ) CASE NO. LV-20I5-0063 Having been assessed civil penalties totaling Q0%26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 01, 2015, the undersigned, desiring to seek remission of the civil penalty, does her 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 ieceipt of tie notice o assessmen£ -No.nevt�'evii�ence iri stippoit o a remission request viill be atlovred a#ier (30) lc ays -- from the receipt ofthe notice of assessment. ' . .4 This the a gib day of Ma y ADDRESS N16ares �aro, c TELEPHONE HORSEHEAD METAL PRODUCTS, L.LC 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 May 28, 2015 G: Landon Davidson, P,G., Regional Supervisor NCDENR Division of Water Resources Water Quality Regional Operations 2090 US Highway 70 Swannanoa, NC 28778 RE: NOV-2015-DV-0106 (Incident # 201500668) Dear Mr. Davidson: W=IiO R ik"jfiri( d � MET.4� PRC' DUCTB, INC„ RECEIVED Ciatsion Of Water Resourm JUN - 2015 Water Oualky Regional Operations Asheville Regional Office In response to your letter dated May 8, 2015 we are providing the information that you requested. Since receipt of this letter on May 12, 2015 the site experienced a second spill of a smaller volume of the same material and from the same piping system. The information you requested is shown below for the first spill and we have included the same type of information for the second. spill. April 25, 2015 Depleted Solution Spill At approximately 3:45 am, the transfer pipe carrying depleted solution liquid from FE-212 tank to the depletion filters broke and allowed the liquid to release into the containment area at the northwest corner of the solvent extraction ("S)C") production area. Depleted solution is the result of a step in the zinc production process at Mooresboro to remove zinc from the aqueous solution and return it back to the SX process. . . At 4:01 am, the low level interlock onFE-212 tank stopped the pump that. delivers now of depleted solution to the -filters. This action stopped the flow of liquid from FE-212 tank to the break in the pipe. Upon investigation of the flow alarm created by the low level interlock, the SX shift supervisor detected the broken pipe and spill and activated the first response team to contain and control the spill. Notifications were made in accordance with the facility's integrated contingency plan. Based on the change in the depleted solution tank level and the amount remaining in the -filter system, we determined that 18,264.gallons of depleted solution spilled from the pipe and the containment area was able to hold 14,159 gallons. There were 4105 gallons that left the containment area and flowed northward across the asphalt roadway and down the slope toward the power line area. The response team installed dirt berms to contain the depleted solution and a vacuum truck was used to capture it. A sample of the depleted solution was taken from FE-212 tank and analyzed at the Horsehead on -site lab. The lab results indicate that the solution contained 10.75 grams per liter- of sulfuric acid, 3622 milligrams per liter of zinc, 227 milligrams per liter of cadmium and 2.4 milligrams per liter of lead. HORSEHEAD METAL PRODUCTS, INC. 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 METAL PRODUCTS, S, INC. Using these concentrations, we determined that 369 pounds of sulfuric acid, 124 pounds of zinc, 7.8 pounds of cadmium and 0.08 pounds of lead were in the 4105 gallons of depleted solution that exited the containment. The containment area was not able to hold the spill because the grating for the drain was covered due to recent heavy rainfall to restrict flow to the west storm pond. The drain covers were in place when the depleted solution spill occurred. They were removed by Operations personnel during the emergency response to the spill. Covering the drains to control stormwater flow was an unusual occurrence in response to an extreme rainfall event and is not a standard practice. May 19, 2015 Depleted Solution Spill At approximately 10:29 am, the transfer pipe carrying depleted solution liquid from FE-212 tank to -the depletion filters broke and allowed the liquid to release onto the soil located between FE- 212 tank and the roadway west of the SX settlers. GA-251A pump is used to move depleted solution from FE-212 tank to the depletion filters. This system was taken out of operation after the April 25th spill occurred. A smaller impeller was installed in this pump to see if it would improve the delivery of the depleted solution to the filters. The pipe broke during the testing cycle of this new impeller. Based -on the change in the depleted solution tank level and.the amount remaining in the filter system, we determined that 10,530 gallons of depleted solution was released from the pipe and contacted the ground. The majority of the spill was captured at the bottom of the hill near the power -lines. The response team was able to install dirt berms to contain pools of this liquid and a vacuum truck was used to remove it. Because it was the same material from the same pipe, we did not take samples of the depleted solution. The previous lab results from the April 25 spill was used: 10.75 grams per liter of sulfuric acid, 3622 milligrams per liter.of zinc, 227 milligrams per liter of cadmium and 2.4 milligrams per liter of lead. Using these concentrations, we determined that 947 pounds, of sulfuric acid, 318 pounds of zinc, 20 pounds of cadmium and 0.21 pounds of lead were in the 10,530 gallons of depleted solution that exited the pipe. The pipe rack where the spill occurred is located on a bank that slopes toward the depleted solution pond which is designed to serve as emergency containment in the event of a release. When the break occurred, the solution flowed down the bank and around the north edge of the FE-212 tank. It pooled and flowed over the dirt road and down an adjacent ditch. The response team used heavy. equipment to retain the solution on the plant property. A smaller stream of material flowed to the west and approximately 300 gallons flowed under the power lines on the adjacent property. Business Confidential Information HORSEHEAD METAL PRODUCTS, INC. 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114. PR.000PTS, JNC. Action Plan for preventing future spills of depleted solution 1 Raise the roadway on the west side of the. FE-212 tank to prevent accidental releases from entering the ditch on the west side. (Complete) .2. Conduct sampling and analysis to assess the amount of hazardous 'Materials that went outside the containment area. Determine whether additional response action is needed.. (In progress, target completion date: August 31, 2015) I Install dirt berms and silt fence around the northwest comer of the SX area to control the flow of a potential accidental release from exiting the site. (Complete) 4. Evaluate the pump and piping system for the depleted solution and' determine whether engineering changes are needed to prevent breaks in the pipe. Implement corrective actions as necessary. (In progress, target completion date: June 30, 2015) 5. Install a concrete containment wall at -the NW comer of the SX area that would prevent a leak at the west settler pipe rack from exiting onto the soil at that location. (In progress, target completion date: June 30, 2015) If you have any questions -or comments, or if you require additional information, please do not hesitate to contact me or Jim Harris, Environmental Manager at (828) 919.-3139. Sincerely Anthony Staley General Manager Business Confidential Information 2 HORSEHEADMETAL PRODUCTS, LLC 48 , 4LH , ICKS GRovE,RoAD M66RESSORo; NORTH CAROLINA 28 i 114 July 27,2015 To: Sonny Penson, ORC/Chiof Wasto 4ter,Opdrator Town of Forest .City P.0 Box. 72-8,.FoTest -City, NC 2,8043, From: Jim Harris'. Environmental Manager Horsehead Metal Products; Inc., 49.4.14-ick1g; Grove Road Mooresb6rG, NC 28114 Cc: Jeff Dotson,. Wastewater -Superintendent. John CbridroY, City. Manager Subject. Response to NOV — Sewer Use Ordinance Dear.Mr. Penson- XMIZA, W, METAL PRODUCTS. INC. Horsehead Metal Products,. LLC("HMP!) received the Notice of Violation letter regarding the. Town of Forest City Sewer, Use Ordinance Section 1l(a) and 2,J(b,)(l3):on July 1, 2015. 'Given_ the,source&of the alleged excess water' the mischaracterization thereof, and because,HMP's 'monthly fees to Forest City are calculated based on aft assumedwell of Water WeI in excess ,of whox typically -basis'. we respectfully request Forest City rescind is discharged on-- am6nifily the NOV and penalty in1his instance. Inthe event you are. unable to do. so imderthe City" administrative -procedures, we request an adjudication heating ;as. outlined. in Section 10(a) of the Sewer Use Ordinance. With,respect to the source of the alleged excess water, plea8e be advised that the site did not discharge any "coolingR to the sanitary system., Instead,, the water, in, site experienced two toilets, that were operating.,incorrectly and- a, 0;5 inch hose of potable water that was accidentally left -,on -during repair work heing, performed oirthe-boiler system.. - In,addition, we -disagree with the Cit 's assetton. 0 Y thAt-1ittld 0th -effort,wAs made to find these.,, issues'." Once notifiedby your personnel telephon e calls were made to activate. personnel. at tkp site to investigate - the areas and find- sources of water flow intothe s P sanitary system.: HIM site personnel. conducted wal-kthroughs' -of the buildings and. were unable to detect, water flow.. oas During this;ccion and previous calls from your office we have p!aped-high.p ionity on your requests and will -confi fe to do s as requested: ,From your letter,, we,understand that you are issuing the Notice- of Violation. because 55 000- 65,000 gallons of clear water was sent to, the: Riverside POTW Rom Friday, .'. . II May 29., Z015 through Monday, Jun& l,,2QI5fto the, HMPhcIiyMOs POTW's �oufd.'cq sider this a non- issue would an industrial facility to discharge this "range -of Water. Currently; HMP is HORSEHEAD METAL PRODUCTS, INC. 484 HICKS GROVE ROAD MOORESi3ORO, NORTH CAROLINA 28114 f M MCTAL PRODUCTS, INC, purchasing an average of 571,000 gallons per day of water from the Town of Forest City and paying for sanitary sewer service based on 10% of our water purchase. We receive sanitary sewer invoices based on 10% of ,the. water that is purchased from the Town of Forest City and we typically send`3000 to 5000 gallons per day to the Riverside POTW. While we believe this is inequitable and have expressed our belief that such rates are unfair, HMP nonetheless has paid its bills. without issue on a monthly basis: We will contact you in the next 10 days to discuss the adjudication process. If you have ' questions or would like to discuss this subject in more detail, please contact meat 828-748-5283. Sincerely,. Jim Harris Business Confidential Information i Town of Forest City PO Box 728 Forest City, NC 28043 June 25, 2015 To: Jim Harris Environmental Manager', Horsehead Metal Products, Inc. From: Sonny Penson ORC/Chief Wastewater Operator Town of Forest City Cc: Jeff Dotson — Wastewater Superintendent Subject: NOTICE OF VIOLATION Town of Forest City Sewer Use Ordinance Section 2.1(a) and 2.1(b) (13) Mr. Harris, The above referenced sections are being cited from the Town's Sewer --Use Ordinance, herein referred to as SUO, for a flow condition from the Horsehead facility occurring sometime during the day on Friday May 29, 2015 and ceased approximately 9:00 am Monday June 1, 2015. On Sunday May 31 a toilet in the men's locker room of the admin. building was found to have a faulty automatic shutoff and running continuously. The following morning another toilet was discovered along with a cooling water discharge from a building near the gypsum containment area where pipe work was being redone. Although the Town was assured multiple times during the weekend that Horsehead employees were sweeping the buildings looking for the water inflow it became obvious after Town employees inspected the premises.this was not the case. Given the above circumstances and the duration of the event with the cooling water the Town's Enforcement Response Plan states that "unpermitted discharges aware of requirement" shall be assessed -a NOV and a penalty. The Town assesses the following penalty. I would note the Town incurred $773.96 in employee overtime as a result of this event. However, we have not assessed this cost. Description Assessment Penalty assessment for unpermitted discharge: Cooling water discharge $500.00 t Totals $500.00 Also, to be noted if this flow condition adversely affects the treatment process due to interference/pass through and results in violations for the Riverstone W WTP permit requirements then additional charges/fines incurred upon the Town for the discharge may be assessed at recommended minimum $1000.00 per violation per day and up to $25,000 per violation per day as stated in the Town's Enforcement Response Plan. Section 10(a) of the SUO states the rights of adjudication. Horsehead Corp. has the right to anadjudicatory hearing upon making written demand to the POTW director or appointees, identifying the specific issues to be contested, within 30 days following receipt of any permits, civil penalty assessment, or administrative orders. Unless such written demand is made within, the specified time herein the action shall be final and binding and further appeal is barred. This is not an invoice. Amount to be paid will be included in water bill statement. Since , Aonn nson ORC/Chief Wastewater Operator Town of Forest City PO Box 728 Forest City, NC 28043 Telephone: (828) 248-5217 Fax (828) 247-1626 Email: sonnypenson@townofforestcity.com Town of Forest City PO!Box 728 Forest City, NC 28043 June 25, 2015 To: Jim Harris Environmental Manager Horsehead Metal Products, Inc. From: Sonny Penson ORC/Chief Wastewater Operator Town of Forest City Cc: Jeff Dotson — Wastewater Superintendent Subject: Increased flow condition automatic shutoff from toilets and cooling water, pretreatment permitting, and storm water. Jim, I have detailed the events from my point of view for the flow issue occurring May 29 through June 1 below. On Saturday May 30, 2015 it was reported that approximately 20,000 - 21,000 gallons had been pumped to the Sequencing Batch Reactor unit at the Riverstone W WTP sometime after the Friday morning check on May 29, 2015. It was also reported that the incoming flow was very clear and believed to be a city water leak. I immediately notified Jim Harris and later Charlie Howell, at Jim's request, of the flow condition. Both reported that shift supervisors would be contacted and the facility would be "swept On the evening of May 30, 2015 I arrived at,the Riverstone plant and observed an hourly flow rate of approximately 1,000 gallons per hour into the pre equalization tank. This number was consistent with pump run times from our Aquavx pump monitor located at the Hicks Grove lift station on the Horsehead Corporation site. Allen Greene and I went to the facility to check the sewer lift station. During the visit Joey Cashwell notified us of a potential valve on a fire water tank drain that had not been seated and they ifelt this was the culprit. Allen and I noted clear flow at the station but agreed that the lines may have been full and discharge clear for a number of hours. We logged the stations' pump run times and the SBR tank level was recorded in the Riverstone logbook On the morning of May 31, 2015 the weekend operator reported the flow was still continuing. I notified Charlie Howell at 8:58 am via text that the fire water tank was not the issue and the flow was still consistent at approximately 1,000 gallons per hour. I was told maintenance would be conducting another sweep of the facility and he would report back as soon as he heard something. Later that evening flow was still observed. I had not heard any findings so I called in one of my operators to deal with treatment operations and I rode to The Town's station. I observed very clear discharge into the station wet well. I contacted Charlie to let him know I was going to start pulling manhole covers. I felt this had gone on long enough and it needed to PO Box 728 Forest City, NC 28043 Telephone: (828) 248-5217 Fax (828) 247-1626 Email: sonnypenson@townofforesteity.com KV 4°,ram Town of Forest City + PO Box 728 + Forest City, NC 28043 C����° be found. Starting at MH #23 I worked up and at MH #14 flow was observed flowing in line under gypsum containment. I contacted Charlie that I did not want to be in any areas were signage was posted stating "Do Not Enter" he said a maintenance man would meet up with me to assist. While waiting I observed no flow at MH #5. Proceeding out the road I pulled manhole covers at MH #1 IA,11, 9, and 8. Flow diverted from MH #8 (manhole between walkways line coming from admin) uphill to Admin bldg. When my escort arrived we walked through the bathrooms/locker rooms and found a leaking toilet -in the men's locker room. A maintenance man isolated this toilet and flow was noticeably reduced. The operations guy informed me that during this time lots of employees would be showering so the flow would remain consistent. I asked if I could check manhole near lead change room and he said that would be ok. I pulled MH #18 and observed no flow. MH #13 could not be located. There was a lot of activity in this area while I was there that evening. I decided to log tank levels at Riverstone and see where we were the next day. 1 On June 1, 2015 flow was still observed, but at a reduced rate. The rate was calculated to be 750 gallons per hour based on tank volume and duration. I contacted Charlie at 7:53 am and informed him we needed to resume searching because something was.missed. Jeff Dotson and I arrived on site and another toilet was found in the men's locker room directly behind the wall from the previous night. I can attest this toilet was not audible during the initial Sunday May 31 walkthrough. It was rioted that it was directly behind the wall from the one discovered the previous night. A maintenance man isolated the second toilet and flow immediately dropped at the outside manhole (MH #8). As Jeff and I were leaving I cut through the lead change area as there was less equipment and people in the area. Jeff spotted MH #13 and we decided,to pull the cover and recheck that no additional water was coming from the lead change direction. Significant flow was immediately observed discharging from a 4 inch PVC line from the block building next to the gypsum containment. Charlie was notified and stated no flow should be coming from that particular building. A walkthough revealed a hose had been placed into a floor. drain. The operator in this area said some piping was being changed out and the cooling water was being diverted. He also stated this -had been taking place since Friday May 29. Between the issues with the toilets and this cooling water the Riverstone plant saw approximately 55,000 — 65,000 gallons from Friday May 29 through Monday June 1. Section 2.1(a) of the sewer user ordinance states: no user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any National, State, or local pretreatment standards or requirements. Also, section 2.1(b) specific conditions states: No user shall contribute or cause to be contributed into the POTW the following pollutants, substances, or wastewater: (13) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool water, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the POTW Director. This was the basis PO Box 728 Forest City, NC 28043 Telephone: (828) 248-5217 Fax (828) 247-1626 Email: sonnypenson@townofforestcity.com Town of Forest City�� $ + PO Box 728 + Forest City, NC 28043 for the NOV and penalty. The Town chose to waive $773.96 for overtime and equipment charges. Based on observations made on site little to no effort was made to find these issues. The manhole covers clearly were not raised to track the flow, and maintenance never coordinated with the Environmental Manager's department the release of the cooling water. Also worth noting, a janitor was -sweeping the floors in the locker room where the toilet was discovered running on Sunday evening. I will state he was not within audible range at that particular time, but he did state he was aware of the condition the toilet was in when the escort asked him to place an "out of order" sign on the stall. This same issue with faulty shutoffs on toilets occurred in June of 2014. It was our understanding concerning the 2014 issue with the automatic toilets that janitorial staff; had been instructed to check the automatic shutoffs. The hygiene program that Horsehead is implementing has been making gains in the quality of discharge by some of the lowest metals numbers we've seen March 2015. Forest City has passed the last 2 Whole Effluent Toxicity samplings. We feel these gains have aided in this. The cooling water discharge has shown that there is still room for improvement. Back in late April to early May Jeff Menzel and I discussed the steps the Town would need to take in the near future along the lines for an Industrial User Permit'for the Horsehead Corporation facility. The Town was in a holding pattern because Horsehead was considering all options, i.e., pretreatment and discharging through NPDES. The issue with the cooling demonstrates we need to begin moving toward the permitting process. I have included the permit application with this mailing to begin the process at your convenience. The issues with storm water inflow and infiltration has also been discussed with DWR. Storm water discharged to the Riverstone WWTP is a prohibited discharge SUO 2.1(b)(13). The Town has been lenient in the past due to construction at the facility and efforts to minimize these discharges through paving. DWR has recommended that we work with Horsehead to see if this issue is occurring throughout the internal collection system at the facility or if it is isolated to certain sections. DWR pointed out that this! also falls into the hygiene plan due to some metals issues with the storm water discharge that may potentially be impacting the Riverstone WWTP. I would like to assist in this search with you or Charlie during a rain event where we notice storm flow at our plant. As always if you should have questions or comments feel free to contact me. ]Sincerel , �— So Penson ORC/Chief Wastewater Operator Town of Forest City PO Box 728 Forest City, NC 28043 Telephone: (828) 248-5217 Fax (828) 247-1626 Email: sonnypenson@townofforestcity.com Cantwell, Janet From: Davidson, Landon Sent: Thursday, May 28, 2015 3:06 PM , To: Menzel, Jeff, Cantwell, Janet Subject: FW: Written Request for Remission or Mitigation - Case No. LV-2015-0063 Rutherford County Attachments: Signed Response Letter on May 1, 2015 NOV for Cad Exc in Jan 2015.pdf Please read and note request in first paragraph regarding correct permittee name. Also, please read page 5 of the attached document and let me know your thoughts. Thanks. G. Landon Davidson, P.G. NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor - Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 ph.: 828-296-4500 fax: 828-29977043 email: landon.davidson@ncdenr.gov website: www.ncwatergualitV.org Need help with other DENR permits? http://portal.ncdenr.org/web/deao/permit-directory Notice: Per Executive Order No. 150, all emails sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harris James [mailto:jharris@horsehead.net] Sent: Thursday, May 28, 2015 2:55 PM To: Cantwell, Janet; Zimmerman, Jay; Davidson, Landon Cc: Menzel, Jeff; Staley Anthony; Ali Alavi , Subject: Written Request for Remission or Mitigation - Case No. LV-2015-0063 Rutherford County I have attached an electronic copy of the signed response letter from our General Manager regarding the May 1, 2015.- NOV and Assessment of Civil Penalty for violations of NPDES permit NC0089109. I am sending a paper copy of this response letter to the following address via the US post office today: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 If you have further questions, please let me know. Thanks, Jim Harris I Environmental Manager Horsehead Metal Products Inc. Cantwell, Janet From: Harris James <jharris@horsehead.net> Sent: Thursday, May 28, 2015 2:55 PM To: Cantwell, Janet; Zimmerman, Jay; Davidson, Landon Cc: Menzel, Jeff; Staley Anthony; Ali Alavi Subject: Written Request for Remission or Mitigation - Case No. LV-2015-0063 Rutherford County Attachments: Signed Response Letter on May 1, 2015 NOV for Cad Exc in Jan 2015.pdf I have attached an electronic copy of the signed response letter from our General Manager regarding the May 1, 2015 NOV and Assessment of Civil Penalty for violations of NPDES permit NC0089109. I am sending a paper copy of this response letter to the following address via the US post office today: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 If you have further questions, please let me know. Thanks, Jim Harris I Environmental Manager Horsehead Metal Products Inc. 484 Hicks Grove Road, Mooresboro North Carolina 28114 C: 828-748-5283 1 P: 828-919-3139 jharris(a�horsehead. net 1 HORSEHEAD METAL PRODUCTS, LLC 484 HICKs GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 May 28, 2015 VIA ELECTRONIC MAIL AND U.S. MAIL NPDES Compliance/Enforcement bait Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations NCDENR Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Re: May 1, 2015 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G,S.) 143-215.1(a)(6) and NPDES Permit No. NCO089109 Horsehead Holding Corporation, Rutherford County Production Facility 9 q Case No. LV-2015-0063, Rutherford County; and C� May 13, 2015 Notice of Violation and Recommendation for Enforcement; Tracking #: NOV-2015-LV-0312 L0' /� - 7jm �„� Dear Sir and/or Madam: On May 4, 2015, Horsehead received the above -referenced May 1, 2015 Notice of Violation and Assessment of Civil Penalty ("May 1, 2015 NOV/Civil Penalty") related to an exceedance of the monthly average limit for cadmium as reported on the January 2015 DMR. Additionally, on May 18, 2015, Horsehead received the above -referenced May 13, 2015 Notice of Violation and Recommendation for Enforcement related to an exceedance of the monthly average limit for cadmium as reported on the February 2015 DMR. As a preliminary matter, the May 1, 2015 NOV/Penalty Assessment and the May 13, 2015 NOV are directed to Horsehead Holding Corporation; however, NPDES Permit No. NCO089109 was initially issued to Horsehead Metal Products Inc., and a request that the permit be transferred to a related entity, Horsehead Metal Products, LLC, was submitted to the Department on September 30, 2014. Accordingly, please confirm and revise the Department's record to reflect the correct perrnittee. For the reasons set forth below, Horsehead requests remission of the civil penalty in the May 1, 2015 NOV/Penalty Assessment pursuant to N.C.G.S. § 143B-282:1(c). Additionally, Horsehead submits the information below as the written response to the May 13, 2015 NOV. Horsehead began limited production operations at the Mooresboro facility in May of 2014. The Mooresboro production facility is the first facility in the United Stated using a state-of-the-art HORSEHEAD METAL PRODUCTS, LLC 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 N.=tee`_` Yam•• 01 2TAL e fYt1}jgI{: FtJ, INC, extraction/electrowinning process for production of Special High Grade ("SHG") zinc metal. Although there are three other facilities outside the county which use this process, the design of the Mooresboro facility is a significant advancement over these earlier facilities and employs equipment and technology not previously used in full-scale production at any of those facilities. As such, Horsehead's operating and technical teams, with the support of its technology suppliers, have worked to diagnose issues encountered during start-up and the continued ramp -tip phase and have continued to make improvements and corrections to both equipment and process solutions during this ramp -up phase at the facility. With each adjustment and improvement to the processes to improve product quality, the operating and technology team must also address any potential impacts to its effluent. Following the exceedance of the monthly .average limit for cadmium in January, Horsehead's operating and technical teams undertook an aggressive and comprehensive investigation to determine the cause of the elevated cadmium level in the process wastewater. During the course of that investigation, the facility continued to experience periodic spilces in cadmium levels in the process wastewater and again exceeded, the monthly average limit for cadmium in February 2015, as reported in the facility's February 2015 DMR. By early March, the Mooresboro facility team had identified several factors that may have contributed to the elevated cadmium in the process wastewater, and began implementing corrective actions to address them. The following table provides.a summary.of the corrective actions taken and completed. f JFl4'. R �' 1R- - M. 3 j� i+T{"j'PY' 1 ✓'f i 2 ti t�� �.- ys�L"W li33 x 1 Vl �: z@fne'l. 5+.7•.�+..55 _...w.....i,. },if'�a`-55.:..a..u........�a.�.=..r_.+..-i�'.o.:^/> ..t• .. R..,L. . ,.z - ..s..: r.. ca.S�S ...ii..... 4...:.w'L .F.Jifk .,..fi<tP�.F e:`c�'+'. 303A Filtrate Valve found to be Closed and repaired the valve. not closing properly although position indicated fully closed. Precipitated cadmium had built • DC 305 A&B were taken out of service and up in several process vessels. cleaned. • FD 203 was taken out of service and cleaned. • Drained the precipitated cadmium out of FB-304 and put it back in service. Conducted trial of new filter bags on 303 Holes occurred in the 303 press press to decrease filter failure and the test filter bags. was successful. Depletion carbon filters had -Cleanout is complete and filters are back in fouled. service. The flocculent addition system has been Solids are accumulating in the optimized and we are seeing better control of CL.-302 overflow. solids. Business Confidential information L/ HORSEHEAD METAL.,PRODUCTs, LLC 484 HiCKs GROVE ROAD MOORESSORO, NORTH CAROLiNA 281 14 y ), vak"1146HRAD HO All of these measures have now been implemented. Sampling results since the implementation of these measures demonstrates that Horsehead has taken . prompt and aggressive action to address the prior periodic spikes in cadmium in its effluent. The following summary includes data which will be reported on the April 2015 DMR: � nr �y� k � tt .fi-�+}(�� � -, �+r�r tx ' f,�. F! 4 t ��1' �,„�� � f � dT�F"�� X s �,FC� f rl n� t y�.�.F•y�+r�.� $t_f^�S`�.pt �✓ i- {�'t t.� ��}} U�R �E �' # z� £ h 3�btn 'T '��'�' Y� '4�' �1�"'Fy5'``�� ��:�-�zh �` ��r r,�K.{-• � 4}l�yj�;3�•yg! 7- } Monthly Average limit — 350 496.6 ug/1 685 ug/1 174.5 ug/1 119 u /1 Maximum (limit — 2,143) 1120 ug/1 1080 ug/1 317 ugR 327 ug/1 Minimum 140 u /1 268 ug/1 55.6 ug/1 < 1.0 ug/l The sampling results for March and April clearly demonstrate the effectiveness of actions taken by Horsehead to address cadmium levels in process effluent water in January and February. . .......... ____ _...-.._.._...._......—..... ____ .__.......... .................. ......__—._....._-i_ _i... ..... Accordingly, Horsehead believes that such actions warrant a remission of any civil penalty for the January and February 2015 exceedances. Indeed, the breadth and scope of the corrective, action attests to the ongoing efforts to continually assess and improve the facility's processes as needed during the ramp up phase of operations to ensure compliance with all applicable permit requirements. In support of our request for remission of the civil penalty, we are enclosing the Justification for Remission Request and Waiver of Right to an Administrative Hearing and Stipulation of Facts. Horsehead remains committed to full compliance with all regulatory requirements and appreciates the Department's guidance as it continues to work through the technical issues associated with bringing the Mooresboro facility into full operations. If additional information is needed in support of this request, please contact me or Jim Harris, Environmental Manager at (828) 919-3139. Sincerely, Anthony Staley General Manager Enclosures Business Confidential Infoimation 2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT } 'WAIVER OF RIGHT TO AN' OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE .HEARING AND } STIPULATION OF FACTS Hersehead Holding Corporation } Rutherford County Production Facility } PERMIT NO. NCO089109 ) CASE NO. LV-2015-0063 Having been assessed civil penalties'totaling $902.26 for vxolation(s) as set forth in the assessment document of the Division of Water Resources dated May 01, 2015, 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 tie notice assessment, 'No'new'evidenee in stippoi•tof a'iemission" request wilibe allowed after"(30)--aays from the receipt ofthe notice of assessment. This the : -A 84 '1- day of Mee Y ADDRESS TELEPHONE �, a i JUSTWICATION FOR REMISSION REQUEST Case Number: LV-2015-0063 County: Rutherford Assessed Party: Horsehead Holding Corporation Permit No,: NC0089109 Amount Assessed: $909.26 Please use this form when requesting remission of this civil penalty. You must also complete the 'Tequest 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 apply. Please check each factor ihat 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), (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 assessmentdocument); V (b) the violator promptly abated continuing environmental damage resulting from the Violation (I.e., explain the steps that you took to correct the violation and preventfidure occurrepces); (c) the violation was inadvertent or a result of an accldent (Le., explain why the violation was unavoidable or somethingyou could notprevent orprepare for); (d) the violator had not been assessed civil penalties for any.previous violations; (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 front performing the activities. necessary to "achieve compliance). EXPLANA ION: Thy .1�ak. wogs s�t,��d ; ml't�d1q�`�1 s p i I lecol m q-'eYi ck , W.n 1 �/lt✓i I d 1 v" f P►^ g Al +0 G155eS5 � G► c_ P LAr C�oYYec.�",ve_ CL lorls. j II �r gai'h w �'� NC D Sl .R o�gl'1 Q►Y1C� nc�uVe, d�ofogee 1 J EusnFF a global professional services company creative thinking. custom solutions.° 5724 Summer Trees Drive I Memphis, Tennessee 381341 Telephone 901-372-7962 1 Facsimile 901-372-2454 1 www.ensafe.com May 4, 2015 Mr. Timothy R. Basilone Vice President, Environmental Affairs Horsehead Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 Re: Limited Investigation Work Plan Horsehead Metal Products — Mooresboro Facility 484 Hicks Grove Road Mooresboro, North Carolina 28114 Dear Mr. Basilone: EnSafe Inc. is pleased to provide Horsehead Corporation (Horsehead) with this limited investigation work plan for proposed sampling and analysis at the Horsehead facility in Mooresboro (Site), Rutherford County, North Carolina. The work plan, as outlined herein, is based on observations and information obtained during EnSafe's April 27, 2015, site visit, and subsequent correspondence between Horsehead and EnSafe. BACKGROUND I . The Site is approximately 196 acres in size and is located at 484 Hicks Grove Road in Mooresboro, North Carolina. A site location map has been included as Figure 1. Primary operations at the Site consist of zinc processing via solvent extraction and electrowinning. It is our understanding that�at approximately 3:46 a.m. (EDT) on Saturday, April 25, 2015, depleted aqueous electrolyte solution was released due to failure of an elevated process pipeline at the Site. The majority of the release was contained onsite during recovery efforts; however, an initial investigation is necessary to evaluate potential impacts to onsite and offsite environmental media. CONCEPTUAL SITE MODEL -Based.�on information provided by Horsehead facility personnel, the release occurred along a pipeline .located above a paved access road positioned between two process areas near the northwestern border of the facility. The majority of the release was to pavement within and outside of an area equipped with secondary containment. As a result of pooling in the area outside of secondary containment, the depleted aqueous electrolyte solution may have reached a dirt road, approximately 100 feet to the north, and an adjacent earthen drainage ditch. Any solution reaching the earthen ditch may have been conveyed offsite to an unnamed, intermittent stream leading to the Broad River. As a result, potentially impacted media includes engineering I environment I health & safety I technology Limited In vestigation Work Plan Horsehead Metal Products — Mooresboro Facility; Mooresboro, North Carolina May 4, 2015 Paae 2 soil in the vicinity of the dirt road and along the earthen ditch and sediment and surface water associated. with the unnamed, intermittent stream. Based on an initial review of chemical information associated with the depleted aqueous electrolyte. solution, primary constituents of concern (COCs) consist of metals, especially cadmium, lead, and zinc. Additionally, the aqueous solution contained sulfuric acid with a pH range of 1 to 3 standard units. DATA QUALITY OBJECTIVES Activities, as described herein, will be performed in order to confirm COCs and evaluate the presence/absence of resulting contamination to environmental media. In the event that environmental media is determined to be impacted, the proposed sampling and analysis plan will also provide information with regards to the extent of impacted soil, sediment, and surface water in the downgradient direction. FIELD SAMPLING AND ANALYSIS Field activities and data validation will be performed in general conformance with United States Environmental Protection Agency Region 4, Science and Ecosystem Support Division Field Branches Quality System, and Technical Procedures available at http://www.epa.gov/region4/sesd/fbqstp/index.html. Additionally, field sampling will be performed in accordance with a site -specific, Health and Safety Plan to ensure that onsite EnSafe employees are properly trained in accordance with Occupational Safety and Health Administration 29 CFR 1910.120. The.Health and Safety Plan will include operating procedures to address site specific hazards and will make recommendations on appropriate personal protective equipment and associated action levels. Characterization of Depleted Electrolyte Solution To confirm COCs associated with the release, EnSafe will collect one sample consistent with the released aqueous solution. This sample will be collected from the nearest discharge port on the main process line associated with the release. The sample will be submitted for laboratory analysis of Total Analyte List (TAL) Metals and pH. Analytical results, to be requested under a 48-hour turnaround time, will be used to develop the analyte list for subsequent field sampling activities as described below. Background So# Characterization To provide information on native levels of naturally occurring elements in soil, EnSafe will collect four background soil samples for analysis of TAL Metals and pH. These background soil samples will be collected from areas unaffected by facility operations. A site map depicting proposed sample locations has been included as Figure 2. Soil Sampling EnSafe will collect up to 40 soil samples to evaluate conditions in the vicinity of the dirt road and earthen ditch. Soil samples will be collected from two depth intervals at each location: 0 — 6 inches below ground surface (bgs) and 6 — 12 inches bgs. The surficial samples will be analyzed for primary COCs and pH, as identified via analytical results associated with the released material characterization sample above. The 6 — 12 inch samples will be held by the lab, pending results of the surficial samples. If deemed necessary, laboratory analysis of ENSAFE Limited In vestigation Work Plan Horsehead Metal Products — Mooresboro Facility; Mooresboro, North Carolina May 4, 2015 Paae 3 the 6 — 12 inch samples will be requested to provide limited information on the vertical extent of impacts. Surface Water/Sediment Sampling EnSafe will collect up to four surface water samples and three sediment samples to evaluate potential downgradient impacts along the unnamed stream. Surface water samples will be collected from upstream, midstream, and downstream locations along the unnamed stream and at the unnamed stream's confluence with the Broad River, approximately 2,000 feet to the north of the Site. Concurrent with sample collection, the following field parameters will be collected at each surface water sampling location: pH, dissolved oxygen, oxidation reduction potential, temperature, conductivity, and turbidity. Additionally, EnSafe will collect three composite sediment samples, to be co -located with surface water sampling locations along the unnamed stream. Each composite sediment sample will consist of three discrete samples collected along a perpendicular transect to the unnamed stream. To account for spatial variability, the three discrete samples will be composited into a single sample for each of the three transects via decontaminated, stainless steel spoons and bowls. Results associated with upstream surface water and sediment sampling locations will facilitate comparison to background conditions. In addition, two soil samples will be collected, at each transect, one from each side of the adjacent bank. These soil samples, to be collected from a depth of 0 — 6 inches bgs along the banks, will provide additional background information to be considered in the evaluation process. All samples will be analyzed for primary COCs and pH, as identified via analytical results associated with the initial characterization sample. QualityAssurance/Quality Control Analytical samples will be submitted to a North Carolina certified laboratory. All analytical results will be requested under a rush, 48-hour turnaround time. For quality assurance/quality control` purposes, one equipment blank will be collected for each media sampled. Additionally, duplicate samples will be collected at a frequency of one per every 10 primary samples. Global Positioning System To the extent feasible, sample locations will be recorded via a handheld global positioning system tracking device. Such coordinates will be used to produce site maps and summary figures. Investigation Derived Waste Investigation derived waste will be limited to minimal decontamination fluids generated during field activities. Decontamination fluids will be containerized in a 55-gallon steel drum, and will be temporarily staged at an agreed upon location onsite. One characterization sample will be collected from the 55-gallon drum and submitted for laboratory analysis of TAL Metals. This technical approach includes estimated costs for the transportation of one 55-gallon drum of nonhazardous waste to an appropriately certified disposal facility. DATA EVALUATION Following data validation efforts, EnSafe will prepare summary tables and figures and will present .findings and recommendations to Horsehead.- Analytical data will be screened against MSAFE Limited In vestigation Work Plan Horsehead Metal Products — Mooresboro Facility; Mooresboro, North Carolina May 4, 2015 Page 4 human health and ecological screening levels per North Carolina Division of Environment and Natural Resources guidance. We anticipate that findings can be presented within 10 days of data validation efforts. EnSafe sincerely appreciates the opportunity to work with Horsehead on this project. We are confident that our knowledge, skills, and experience will ensure the successful completion of this important project in a timely manner. Sincerely, EnSafe Inc. By: Phil Coop Senior Project Manager Attachments: Figure 1— Site Location Map Figure 2 — Proposed'Sample Location Map y J ��'� I �fr =�'� \,ice �- �."�-���'' ,�." ■\ { e Jam- 34 34 !;t .",�-...,jr t 4 '� ,.x I t` f 3 .J `s, }^�.r�i- "�'P ,r ,.Pi .j i'' 1-�'•° t-s �''` l r- wp- knt l $ O + 0. E �� •"3--(�] a€{,:! 1 ,} r ����„ .a-�� _".�" fi ..+fix �✓ r � .� f r�K..#-,_'v. �„ €,i "-g x$ Y` � k 3 Yamp} `"} � I � �' y �� : r+" -'t i ^'�' eft � .0 7r � '-.� v.� � `�• / l DQd�K?7l�'�`_A�� v rb ` ipQ`{�"V"''�. /F..-3 4e : "'<,'' . `•.5,.`a�yTx i f }"` s=-.';„,. E f ?�` ;r 4 0. 5,12 € t i �" ' f :? x '�. %' `r - r 1t1✓ € 4 P 1' ,'""j S L r V V i} ' ,r �,£�t y, North Carulinar 'RLTTHE1tF0RD GO- �Al CH`EBOKEE'CO rxTAND17 Foa C'A1'O�illl� .¢ i. �y y..,.'^ € OvW Nh H it ` it f g Figure 1 }- C l" 4 t� Site Location Map t1 fi Limited'lnvestigation TA 2 Y ''fr i o - f ;_ ml � � _ . ` r�._. ,� - Horsehead Corporation -Mooresboro Facility Mooresboro, North Carolina s ® 0 1,000 2,000 4 REQUESTED BY: A. Freeze SA Site Location Subject Property Boundary Feet DRAWN BY: M. Senne MOWAIW- State Boundary U.S. Geological Survey. Chesnee quadrangle, North Carolina [map]. DATE: 5/1/2015 140ossa7962 Photorevised 2014. 1:24.000. 7.5 Minute Series. uavwenWzccm t PROJECT NO: 0888817148 Googb EaM Pro Image- 04120014 Figure 2 Proposed Sample Location Map 1. 2. Soil Sampling Results — 4-26-2015 Sample was taken east of the silt r fence on HH property, approx 10 feet from the property line. This is the j{�.�/oint where the hill y'�'E `v '`+1'' `1�'E��`f 1 +` - 7 �1 4\�", ~\L � `lt1 a �hi2 f 1 7,S � V � L'f 1ttt L\i \111 I I E { -. \ 4 a." �' �llll 111r 11 t I 1 �'i \♦ drainage flows and collects prior�s to leaving the site on that side. }V� \ '�i .%f i� \��1 tft\ ✓.eld:l!✓Jf f���r`ffr r y.•',0 Sample was analyzed for total \ `�♦ \\l\\\ I�f IIJ� liJli �11 -f metal content and results were: 9\l �l LI,t t .. �n \ B k79j lilt 11t4 l\St11---- Cadmium — 28 mg/kg tt 5t1114{4i1v1 1F I 1, It \�`i♦`w``'� — Lead — 43.3 mg/kg — Zinc — 804 mg/kg �! '✓ �•\h�l\alit L I/'�-'~� \l�\ — Soil pH — 4.4 Sample was taken here: • 5 inch diameter by 5 inch deep ".--,;,,.�:. ov' ♦l�°a,,� `apiilt +It 1p{ 1't'i fEu 11i; ,'^.;' —..,,..^� �� ♦ (1L� sit iL1I�1 Lu1,.;��1'�i ♦ti r '�..""» \ `^ w,'^ ♦'+ \\ '4W'N'411\ 115 } a. 1\ a,\ Yr hY l i LI E 141' ♦I c�v- L}}s'i0����'�`t, a'-��tt Etlr �ll�ll v E•1 1t Ei t t.`'1 Ellf L��1\` ��.. ` I, 7 J I tlL 7 :F r 'lE t li``tl{LI 14 t�llt illl +{�M 1511 \\\\♦ .. — _• /.}, r %t l! i 11tX ��1L5liltS\14.jE 11tl t\Ei \`\\\` �ti\ ljrl,///F .. l l { 1 51 ll\L 1- 11111 1 L ♦ ` �1 I !! / , + ., t �" yv�V♦ vvy v�?� ii t�l t�`ti E j tf i ni+r >+iJ7r�r4'F� ..r' FY € ` \{ 9 t o { C �` ��♦` ie �<. LIN�E�AR � f'`�,✓ '°1 � i pit 1\G� ♦ '^`,. ♦} " ,a_' g„=a. 1,' --'- 41 1 1 r GBogle Earth Pro Image, 0412512014 HORSEHEAD METALPRoDUCTs, INC. (� )��H� +J� 484 H1CKs GROvE ROAD _ -�� J-1 —1� MOORE960R0, NORTH CAROL INA 28114 F 1 idY_, F °ROi ]I.1� f.�i, �i4Ie. February 16, 2015 J To: G, Landon Davidson, PG NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor — Asheville Regional Office 2090 US -Highway 70 Swannanoa, NC 28778 From: Anthony,,Staley, General Manager Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, NC 28114 Subject: Response to NOV-2014-LV-0544 Dear Mt. Davidson: The sampling analysis data for the June 2014 discharge monitoring report contained a cadmium result on June 30 which was 480 micrograms per liter. This was slightly higher than the monthly" average limit of 350 micrograms per liter. This was the fast effluent sample and the plant was in the first month of start up. This exceedance occurred during a time when personnel were starting new equipment and operators were gaining experience in the operation of the plant. This NOV should not be -considered for penalty assessment because it occurred during startup and the site had taken all necessary precautions to meet pert limits. Lab analysis on process samples indicated the plant was in compliance. During June 2014, we tools only one sample of the effluent. Afterwards, we began taking multiple samples during the month to improve the sampling strategy for the effluent. Also, operational improvements enabled the plant to tighten controls on the 300 Bleed Treatment area. If you need additional information, please contact me at 828-919-3135 or Jim Harris at 828-748- 5283. � , Sincerel ,. Anthony Staley, Gen al Manager NCDENR North Carolina Department of Environment and Natural Resources It Pat McCrory Governor December 23, 2014 Mr. Darin Cooper, Project Manager Horsehead Holding Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 John E. Skvarla, III Secretary Subject: Notice of Deficiency NOD-2014-LM-0003 Permit No. NCO089109 Rutherford County Production Facility Rutherford County Dear Mr. Cooper: A review of Rutherford County Production Facility's monitoring report for June 2014 showed the following violations: Parameter Date Measuring Frequency Violation Aluminum, Total 06/30/2014 Quarterly Failure to Monitor Antimony, Total 06/30/2014 Quarterly Failure to Monitor Arsenic, Total 06/30/2014 Quarterly Failure to Monitor Chloride, (as Cl) 06/30/2014 Quarterly Failure to Monitor Chromium, Total 06/30/2014 Quarterly Failure to Monitor Cobalt, Total' 06/30/2014 Quarterly Failure to Monitor Copper, Total 06/30/2014 Quarterly Failure to Monitor Fluoride, Total 06/30/2014 Quarterly Failure to Monitor Iron, Total 06/30/2014 Quarterly Failure to Monitor Nitrogen,. Ammonia 06/30/2014 Quarterly Failure to Monitor Tin, Total 06/30/2014 Quarterly Failure to Monitor Zinc, Total 06/30/2014 Quarterly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. It is not requested that a response be submitted. Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Mr. Darin Cooper December 23, 2014 Page Two The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G: Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement Jim Harris, Horsehead Environmental Manager G:\WR1WQ?RutherfordlWastewater\lndustriallHorsehead 59109\NOD-2014-LM-0003.doc k e UrnitViolatitons 'Monitoring Voi�' Reporting)rbilations Oth'rWolafiGns Permit pet2ils::.--,- S C7 INCO089109 0 AD: Monitoring Report 06-2014 Details.._ Facility Fac -'CGunty7, JF�uthetford, 1 W. Rutherford County PtodUctlon ility -Region-- z. Owner lHorsehead Holding Corporation Incident Inspect Dt TaCiftly Reported As: 1 Compliant INon-Gompliant NotReported is signed Report Type:DMR ­ Q "Parameter; es. Freq 1 - RDate Description 8OC Action- 001 Effluent Aluminum, Total (a— Quarterly 0613012014 El 117requencyViola_ _S 001 Effluent Antimony, Total (as .- Quarterly 0613012014 El Frequency Viola._ El 001 Effluent Arsenic, Total (as A.. Quarterly 06130t2014 El Frequency Viola... E] 001 Effluent Chloride (as Cl) - 0-- Quarterly 061302014 Ej Frequency Viola_ E] 001 Effluent Chromium, Total (a-- Quarterly 06/30/2014 E3 Frequency Viola_ 001 Effluent Cobalt, Total (as C_ Quarterly 06130t2014 S, Frequency Viola.- El I ool Effluent Copper, Total (as C.- Quarterly 0613012014 E] Frequency Viola__ 001 Effluent Fluoride, Total (as — Monthly 06/3012014 El Frequency Viola - 001 Effluent Iron, Total (as Fe) - __ Quarterly 0613012014 [ Frequency Viola -- 001 Effluent Nitrogen, Ammonia_... Quarterly 0613012014 E] Frequency Vio[a...- 001 Effluent ITin, Total (as Sri) -.- Quarterly 061302014 E3 Frequency Vola.- 001 Effluent IZinc, Total (as Zn) - — Quarterly 0613012014 E] Frequency Viola._ _- /v//9�� N0� -�o�� .L�h-0003 Add Remove EFF PBRMI . NO. NC0089109:, DISCHARGI CILITY NAME: Horsehead. Metal Products Inc.JUL 2 2.s CERTIFIEll{IABOR -TORY (1): Paco Analytical CERTIFICATION NO.: 12 & 40 ETS Lab CERTIRCATION:NO.: 037 t.OPERATORREG24 GE : ORC): N/A PERSON(S) COLACJItTqo,WLES CENTRAL FILES 0-. 00530 01027. 32018 01051. 01067 01350 01350 d t El ti 0 qE KY El A LLJ Uj Via. a U 0 0 n r HRS HRS. " YB/N . MGD 0.39 r� 2 ��jj kk��.. r �`. ....F... op:;:;:p:;pp:p:p:p:p 2:s;:;•`:pE;cpE;i;i;` ciEi'. 0 EEEI#t 0.86 •:..r . - _ ;• H,. •: ter• :::;:;:;: . 6 oo ; ............................................................................... 8 •t ��•' Sao y� ::.: ' .r ..•.. .:�i :i:::::::::::::::i:;:; i:i:iii:i:;E;:;:: "::: ::::::::::::::i:i3:i::ii:iii::::::•�ii:::i' "i:::::�:i:i:i:�:::�::i:�' 12 0.28 t. 14 0.91 r 1 16 0.55 .;.:.:.:.:.:.;.:.:.:.: 18 0.52 .. 20 0.22 22 '0.42 0 . 24 ' 7.7 ����� "s11��3€€ �':.€€'s�'s�'•.�€ '€€€'s€�€€€�€€�� i€€s's€€€`€ €€€€s��€€€€€ €€€'€€€€€€€€��€€'ss€€€'s? 26 0.8 0.37 0.44 28 3,0 7.5 14.3mg/L 480 ug ND ND ND 4.3 NTU 95 NTU 11 - AVERAGE- ;:::::iV ...........................................:..... :.:.:.......:.:.. 2 143 u 315 8 m 2 u 4,8 9 g/L ::::::::::::::ss::'•:::::::s::::':s:s::::::ss :s:::::::::::::::::::::::'•: INUMM TM 0 .,.p..(./.,.,.xa.C1"k�:..:.:..:.:.::::.:.:...:::.:..:..:..:....:.:.:.. Grab Composite Composite :Composite .Composite Composite Grab Grab. - Monthly Limit 10.62Z MGD. 6.0 - 9.0. 350 ug/L 315.8mg/L .4,386 ug/L �,D,�VQ Form MR-1.1�11/04) Lk 11 c, _' R EON —LASS: NIA COUNTY: Rutherford GRADE: . N/A CERTIFICATION NO.: N/A ORC PHONE: N/A n NO FLOW / DISCHARGE FROM SITE r 0 Mai] __<IGINAL and. ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 Printed Name & Signature of Facility.Manager . - . Date 0 00 0 0 05 01268 01002 82209 01 34 .01037 01038 01042 01045 01102 01092 ' ...:.� ig'P_�. ^ +, "-- �,. tom, F y":€-'a .�.� -a 3T •� t"f .s-.,�. - $ r•.i `i v � t^ w* `�M -N.4 I MIA ; 1=l<- � " �` .1%�.iil ' ✓r x.s:� ' ,. �r �" � � s� �yae v "3 I - ..." .�+ :. ,., ✓ s-. -. !'i, zA ,,,,�.t6 �;� ��Z��. i _ .�� ,� > � O z y>..� -iT .t✓`Y='; 'a �-O '4's-�R`Ox'i'�' O �. N- �'s # (� Vim' (�#rs l�lg 3sT —¢ �i-:. ..,.%°`!6. - r� 4 .al-` rK Rf�. O� aV s:' �, �* r.u+ • �g ,0�.' �+" sy ,�'- `may;'• f0 ' -WO R` �' -wkfh ~r � �'•�'�<' fir'-r,a�� s is-."5 f:.�� �.Tr'f~ w:..r,. Lr.. +s�;�_.,�3�.�..J�?-`t��'�a: _ �n-�.._..,- ?'� ,3 ,..,s4:. 4 ` f NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Darin Cooper, Project Manager Horsehead Holding Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 Dear Mr. Cooper: John E. Skvarla, III Secretary December 23, 2014 Subject: Notice of Deficiency NOD-2014-MV-0064 Permit No. NCO089109 Rutherford County Production Facility Rutherford County A review of Rutherford County Production Facility's monitoring report for May 2014 showed the following violations: Parameter Date Measuring Frequency Violation Turbidity 05/31/2014 Monthly Failure to Monitor Cadmium, Total 05/31/2014 Monthly Failure to Monitor Fluoride, Total 05/31/2014 Monthly Failure to Monitor Lead, Total 05/31/2014 Monthly Failure to Monitor Nickel, Total 05/31/2014 Monthly Failure to Monitor Total Suspended Solids 05/31/2014 Monthly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. It is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement Jim Harris, Horsehead Environmental Manager G:IWR\WQ\Rutherford\WastewaterVndustriaRHorsehead 891091NOD-2014-MV-0064 doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer �:- - NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 23, 2014 Mr. Darin Cooper, Project Manager Horsehead- Holding Corporation " 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 John E. Skvarla, III . Secretary Subject: Notice of Deficiency NOD-2014-MV-0064 Permit No, NC09�89109 Rutherford County Production Facility Rutherford County Dear Mr. Cooper: A review of Rutherford County Production Facility's monitoring report for May 2014 showed the following violations: Parameter Date' Measuring Frequency Violation. Turbidity 05/31/2014 Monthly Failure to Monitor. Cadmium, Total 05/31/2014 Monthly Failure to Monitor Fluoride, Total 05/31/2014 Monthly Failure to Monitor Lead, Total 05/31/2014 Monthly Failure to Monitor Nickel, Total 05/31/2014 Monthly, Failure to Monitor Total Suspended Solids: 05/31/2014 Monthly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. It is not requested that a response be -submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of -State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office r��----1NQ Asheville File`s`�� MSC 1617-Central Files -Basement Jim Harris, Horsehead Environmental Manager G:1WR1WolRutherrordlWastewaterllndustriaPHorsehead 891691NOD-2014-MV-0064.doc Water Quality Regional Operations -Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28776 Phone: (828) 296-4500 Fax: (828) 299-7043 Internet: hUp:/lportal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer MONITORING REPORT(MR) VIOLATIONS for: Report Date: 05/28/15 Page: 1 of 2 PERMIT: NCO089109 FACILITY: Horsehead Metal Products LLC - Horsehead Metal COUNTY: Rutherford REGION: Asheville Products, LLC Limit Violation MONITORING OUTFALU . VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION . 06 _ 2014 001 Effluent Cadmium, Total (as Cd) 06/30/14 Monthly ug/l 350 480 37.1 Monthly Average Proceed to NOV } 01 _201 001 Effluent Cadmium, Total (as Cd) 01/31/15 Monthly ug/I 350 496.6 41.9 Monthly Average Proceeto TEE02_20 001 Effluent Cadmium, Total (as Cd) 02/28/15 Monthly _ ug/l 350 685.25 95.8 eded Monthly Average / Proce Exceeded 08 _ 2014 001 Effluent pH 08/18/14 Weekly su 9 9.4 4.4 Daily Maximum No Action, BPJ Exceeded Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06 _2014 001 Effluent Aluminum, Total (as Al) 06/30/14 Quarterly ug/1 Frequency Violation Proceed to -NOD 06 _2014 001 Effluent Antimony, Total (as Sb) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Arsenic, Total (as As) 06/30/14 Quarterly ug/I - Frequency Violation Proceed to NOD 05_2014 "001 Effluent Cadmium, Total,(as Cd) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Chloride (as Cl) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Chromium, Total (as Cr) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Cobalt, Total (as Co) 06/30/14. Quarterly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Copper, Total (as Cu) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD 05 _2014 001 Effluent Fluoride, Total (as F) 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD 06_2014 001 Effluent Fluoride, Total (as F) 06/30/14 Monthly mg/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Iron, Total (as Fe) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD MONITORING REPORT(MR) VIOLATIONS for: Report Date: 05/28/15 Page: 2 of 2 PERMIT: NCO089109 FACILITY: Horsehead Metal Products LLC - Horsehead Metal COUNTY: Rutherford REGION: Asheville Products, LLC Monitoring Violation MONITORING OUTFALL1 VIOLATION UNIT OF CALCULATED REPORT ppl LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 05-2014 001 Effluent ` Lead, Total (as Pb) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 05 _2014 001 Effluent Nickel, Total (as Ni) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Nitrogen, Ammonia Total (as 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD N) - Concentration 05 -2014 001 Effluent Solids, Total Suspended - 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD Concentration -- - _ 06 -2014 001 Effluent Tin, Total (as Sn) 06/30/14 Quarterly ug/1 Frequency Violation Proceed to NOD 05 -2014 001 Effluent Turbidity 05/31/14 Monthly ntu Frequency Violation Proceed to NOD 06-2014 001 Effluent Zinc, Total (as Zn) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD NCDENR North Carolina Department of Environment and Natural Pat McCrory Governor December 23, 2014 Mr. Darin Cooper, Project Manager Horsehead Holding Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 13 Resources.: John E. Skvarla, ,I11 Secretary Subject: Notice of Deficiency NOD-2614-LM-0003 Permit No. NCO089109 Rutherford County Production Facility Rutherford County Dear Mr. Cooper: A review of Rutherford County Production Facility's monitoring report for June 2014 showed the following violations: Parameter Date Measuring Frequency, Violation Aluminum, Total 06/30/2014 Quarterly Failure to Monitor Antimony, Total 06/30/2014 Quarterly Failure to Monitor Arsenic, Total 06/30/2014 Quarterly Failure to Monitor Chloride, (as Cl) 06/30/2014 Quarterly Failure to Monitor Chromium, Total 06/30/2014 Quarterly Failure to Monitor Cobalt, Total .06/30/2014 Quarterly Failure to Monitor Copper, Total 06/30/2014 Quarterly Failure to Monitor Fluoride, Total 06/30/2014 Quarterly Failure.to Monitor Iron, Total 06/30/2014 Quarterly Failure to Monitor Nitrogen, Ammonia 06/30/2014 Quarterly Failure to Monitor Tin, Total 06/30/2014 Quarterly Failure to Monitor Zinc, Total 06/30/2014 Quarterly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. It is not requested that a response be submitted. Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax: (828) 299-7043 Internet: http://portbl.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Mr. Darin Cooper December 23, 2014 Page Two The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or meat 82812964500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office c:�V1/Q:Asfie�ille_F_ MSC 1617-Central Files -Basement .Jim Harris, Horsehead Environmental Manager G:\WR\WQtRutherfordlWastewater\lndustrialWorsehead 891091NOD-2014-LM-0001doc - r I NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 15, 2014 Jim Harris Horsehead Holding Corporation Horsehead Metal Products Inc. 484 Hicks Grove Rd , Mooresboro, NC 28114 SUBJECT: Compliance Evaluation Inspection Rutherford County Production Facility Permit No: NCO089109 Rutherford County Dear Mr. Harris: John E. Skvarla, III Secretary Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 9/17/2014. The Compliance Evaluation Inspection was conducted by Jeff Menzel and Landon Davidson of the Asheville Regional Office. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincf Jeff Menzey Environmental Specialist cc: MSC 1617-Central Files -Basement Asheville Files Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-2964500 FAX: 828-299-7043 Internet: hftp://portal.nodenr.org/webfwq An Equal Opportunity 1 Affirmative Action Employer G:IWRIWQIRutherfordlWastewaterllndustdallHorsehead 89109\89109 CEI 2014.doc United States Environmental Protection Agency Form Approved. EPA Washington, D.C.20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 I 3 I N00089109 I11 121 14/09/17 I17 18 I C I 19 I G i 201 211 1 1 1 1,I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I 1 1 I I I f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- —Reserved------- 67 70L-I 72 L-1 731 1 74 751 I I I I I I 80 71 itJ Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00AM 14/09/17 14/01/01 Horsehead Metal Products, LLC 484 Hicks Grove Rd Exit Time/Date Permit Expiration Date Mooresboro NC 28114 12:30PM 14/09/17 18/07/31 Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Anthony K Staley,484 Hicks Grove Rd Mooresboro NC 28114/General Manager/828-919-3135/ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Flow Measurement Records/Reports Self -Monitoring Program N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel 01A ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 1 31 NCo089109 I11 121 14/09/17 117 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The intent of this inspection was to evaluate the facility's sampling protocol. Analytical results and DMRs were reviewed for consistency and found to be accurate. The composite sampling program was reviewed and was found to be in compliance with permit conditions. No violations of permit conditions or applicable regulations were observed during this inspection. Other observations made during the inspection include several containment areas where process overflows had occurred. Most of these overflows appeared to have been contained with the exception of the gypsum staging area where some material had been pushed over the containment wall. This area was being cleaned at the time of inspection. Also observed at the outfall was an area which had been eroded during a recent storm event. Regarding the construction storm water pond and the impacted area on the riverbank, a 404 is not required if the repair work is all above the ordinary high water mark. If you are going to remove any sediment below the ordinary high water mark you should contact us and the Army Corps to discuss. Page#. Permit: NCO089109 Owner - Facility: Horsehead Metal Products, LLC Inspection Date: 09/17/2014 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 ❑ ❑ ❑ Is all required information readily available, complete and current? N ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ 0 ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ Is the chain -of -custody complete? 0 ❑ ❑ ❑ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they•include all permit parameters? 0 ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑. E ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ W ❑ on each shift? Is the ORC visitation log available and current? 0 ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ E ❑ Is the backup operator certified. at one grade less or greater than the facility classification? ❑ ❑ 0 ❑ Is a copy of the current NPDES permit available on site? N ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑ Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? S ❑ ❑ ❑' Is flow meter calibrated annually? 0 ❑ ❑ ❑ Is the flow meter operational? 0 ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? 0 ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? S .❑ ❑ ❑ Is sample collected below all treatment units? 0 ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Page# 3 Permit: NCO089109 Owner - Facility: Horsehead Metal Products, LLC Inspection Date: 09/17/2014 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the tubing clean? 0 ❑ ❑ ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees N ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: ■ ❑ ❑ ❑ Yes No NA NE ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ Page# 4 McGill A S S O C I A T E S October 10, 2014 Jim Harris, Environmental Manager Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, North Carolina 28114 RE: Domestic Wastewater Discharge To Town of Forest City Dear Jim: Nj_1;__-111"1 This letter is written on behalf of the Town of Forest City in my role as the town's "engineer )of record". As I believe you are aware, for the past several months the Town of Forest City has experienced difficulty in achieving compliance with the parameters of the NPDES permit for the RiverStone wastewater treatment plant. The RiverStone plant accepts the domestic sewer flows from the Horsehead facility. Permit violations have occurred from the point in time where the Town began to receive and treat wastewater from the Horsehead facility: Primarily the permit violations are associated with the inability to pass the acute toxicity requirements at the plant. The agreement between the Town of Forest City and Horsehead Metal Products is that all wastewater will be domestic in nature. Based upon testing conducted by the Town of Forest City the parameters tested appear to be outside the normal limits for domestic sewerage. Particularly with respect to levels of zinc and other metals. The Town of Forest City is requesting the assistance of Horsehead Metal Products to identify any discharges of wastewater into the sewer collection system which are not domestic in nature and the removal of these discharges form the domestic sewer collection system. Based upon site observations by the town's staff, there appears that there may be a number of floor drains and other wash -down areas which are connected directly to the sanitary sewer system delivering flow to the town's wastewater treatment plant. If this is in fact the case those flows will need, to be removed from the sanitary sewer system and diverted to the Horsehead internal industrial wastewater treatment system. We are requesting the following to help identify these sources of possible cross connection: Map of the Horsehead facility showing the location of all restroom facilities, floor drains, mop sinks, and other discharge areas. Record drawings showing the plumbing system for each building/facility. Assistance with dye testing discharge from each building to verify connect/non-connection to the sanitary sewer system. 55 :13road Street P.O. Box 2259, pha 828.252.0575 Asheville, North Carolina 28801 Asheville, North Carolina 28802 t" 828.252.2518 www.racgillengineers.co-m Jim Harris October 30, 2014 RiverStone WWTP Forest City Page 2 Your continued cooperation with testing from various locations within the facility to identify potential sources of higher than normal levels of metals is also requested. As always the town is more than willing to split composite samples from these locations for your own independent testing. We must find a solution to these ongoing non-compliance issues as they subject the Town of Forest City to possible financial penalties for these violations. Under the provisions of the Sewer Use Ordinance the town would in turn pass these financial penalties onto Horsehead Metal Products for reimbursement. Please note also that in the next several months the town will be preparing a sewer use permit for your facility as the facility will be -identified as a significant user under the provisions of the town's NPDES permit. Once again I want to thank you on behalf of the staff of Forest City for your past cooperation in trying to identify these sources of discharge and to correct them in a manner that will allow the town to accept and treat the domestic sewer flow from the Horsehead facility. Should you have any questions please contact Jeff Dotson of Sonny Penson at Forest City at 248-5217, or you can reach me at 828-252-0575. Sincerely, McGILL ASSOCIATES, P.A. J �� M. KEITH WEBB, P.E. Principal - Project Manager 1400380/jh30oct14 CC: Jeff Dotson, Town of Forest City Sonny Penson, Town of Forest City John Condrey, Town of Forest City Cantwell, Janet From: Menzel, Jeff Sent: Tuesday, July 29, 2014 11:56 AM To: Davidson, Landon; Cantwell, Janet Subject: PHYSICAL/CHEMICAL Class Horsehead is a P/C Class 1 below are the requirements for that type of facility. 15A NCAC 08G .0306 CLASSIFICATION OF PHYSICAL/CHEMICAL WATER POLLUTION CONTROL TREATMENT SYSTEMS (a) Any water pollution control system, including systems designed for the remediation of contaminated groundwater, that f utilizes a primarily physical process to treat wastewaters is classified as a Grade I Physical/Chemical Water Pollution Control System. (b) Any water pollution control system that utilizes a primarily chemical process to treat wastewaters, including those systems whose treatment processes are augmented by physical processes, is classified as a Grade II Physical/Chemical Water Pollution Control System. Any reverse osmosis, electrodialysis, and ultrafiltration system is classified as a Grade II Physical/Chemical Water Pollution Control System. (c) Any water pollution control system that has, as part of its treatment process, a biological water pollution control system is subject to additional classification as a biological water pollution control system. (d) Any water pollution control system subject to classification under Rule .0302 of this Section, utilizing a physical or chemical process to enhance an activated sludge or fixed growth process, is not subject to additional classification under this Rule. 15A NCAC 08G .0405 ELIGIBILITY REQUIREMENTS FOR PHYSICAL/CHEMICAL WATER POLLUTION CONTROL SYSTEM OPERATORS Eligibility for certification as a Physical/Chemical Water Pollution Control System Operator is based on the following qualifications: (1) for the Grade Vhave successfuliv completed an'nroved tra nine for Grade I PhvsicakhemicaI Water, (2) for the Grade II: (a) possess a valid Grade I Physical/Chemical Water Pollution Control System Operator certificate; (b) have one year of actual experience at a Grade II Physical/Chemical Water Pollution Control System; and (c) have successfully completed approved training for Grade II Physical/Chemical Water Pollution Control System Operators. Jeff Menzel - ieff.menzel@ncdenr.gov North Carolina Dept. of Environment and Natural Resources cv+,�a'zE Division of Water Resources NCDENR Asheville Water Quality Regional Operations Section Cantwell, Janet From: Menzel, Jeff Sent; Wednesday, July 16, 201410:40 AM To: Cranford, Chuck Cc: Cantwell, Janet Subject: FW: June 2014 Effluent Discharge Report Just FYI, Looks like they had an exceedance right out of the gate. I will let Jim know that neither of his calculation are applicable in this situation. -----Original Message ----- From: Harris James [mailto:iharris@horsehead.net] Sent: Tuesday, July 15, 2014 9:44 AM To: Menzel, Jeff Subject: RE: June 2014 Effuent Discharge Report Jeff, Can you answer this question for me? Review this scenario and let me know what you think. During the monthly sampling event, the following is experienced: - The Isco sampler is turned on at 8 am and off at am the following day to get the 24 hour composite sample. The sample was taken on a flow proportional basis. - The flow rate indicates that we discharged 245,000 gallons to the river. The permit allows up to 620,000 gallons per day. - During the 24 hour sampling event, we were able to discharge effluent for only 14 hours. - When we get the sample results for this event, the cadmium levels in the sample (500 ug/[)were higher than the monthly average (350 ug/1) on the permit. There was only one sample taken during the month. Since we only discharged for 14 hours, can we calculate the actual cadmium amount going to the river based on 14 hours of actual flow rather than 24 hours? Or use the flow amount? Calculation: 14/24 times 500= 292 ug/I or 245000/620000 times 500=198 ug/I Let me know your thoughts on this matter. Thanks, Jim Harris -----Original Message ----- From: Menzel, Jeff [mailto:ieff.menzel@ncdenr.gov] Sent: Tuesday, July 15, 2014 7:46 AM To: Harris James Cc: Howell Charles; Cantwell, Janet Subject: RE: June 2014 Effuent Discharge Report Jim, Thanks for sending. I will forward this to Janet. Please let us know if we can assist with anything. Jeff Jeff Menzel - ieff.menzel@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Division of Water Resources NCDENR Asheville Water Quality Regional Operations Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Harris James [mailto:iharris@horsehead.net] Sent: Monday, July 14, 2014 5:17 PM To: Menzel, Jeff Cc: Howell Charles Subject: June 2014 Effuent Discharge Report Jeff, Attached is the June 2014 DMR for our process water effluent permit. I thought I would scan this report and send it to you. We are sending 2 copies to the Raleigh office today. Do you have Janet's email? I've lost her email and she wanted a copy of the DMR when we send to Raleigh. Thanks, Jim Harris 2 HORSEHEAD METAL PRODUCTS INC. 1 484 HICKS GROVE ROAD _� =J1 �_ = D ''MOORESBORO, NORTH CAROLINA 28114 METAL T'A'L PRODUCTS, INC. December'1,8, 2013. ®rq re � To: S.ergei Chernikov NC Department of Environment and Natural Resources DEC 2 7 2013 Division of Water Resources 1617 Mail Service Center p�NP-v.krE c�,al_i n� Raleigh, NC 27669-1617 1=01�1 r soe�al'.ervc�+ From: Anthony Staley, General Manager Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, NC 28114 . Subject: Engineering Alternatives Analysis (EAA) NPDES Permit NC0089109 Dear Mr. Chernikov: By copy..of,this letter., Horsehead 'Metal Products, Inc. is .proposing to increase the monthly. average of.process water effluent from 620k gallons/day to 800k gallons/day. McGill Engineering informed me that they sent you two hard copies of the"revised engineering alternatives analysis on December 16, 2013. In support of their submission, I have attached two hard copies of the. engineering alternatives, analysis for your usage. Please review this document and revise our permit to allow discharge of 800k gallons/day. of process water effluent -from our Horsehead Metal Products, Inc. facility to the Broad River. If you need additional information, please contact me at 828-748-5283. c 1� Anthony Staley n>"SRE wEII AED�� General Manager. JAN 1 4 2013 Water Quality Regional Operations Asheville Regional Otfice - Frazier, Wanda From: Frazier, Wanda Sent: Monday, August 26, 2013 5:06 PM To: Chernikov, Sergei Cc: Cranford, Chuck (chuck.cranford@ncdenr.gov); Wiggs, Linda (linda.wiggs@ncdenr.gov) Subject: Horsehead Holding Corporation WWTP NC0089109 Rutherford County -permit renewal Attachments: a cover page 2013.doc Hi Sergei, Even though I have not received a draft permit from you, I am sending ARO's recommendation to renew this permit. Construction status: This facility is still under construction for the zinc manufacturing facility. The rains have caused a lot of trouble for their construction crews, but they are continuing progress, none the less. ARO recommends renewal of the permit for Horsehead Holding Corporation Rutherford County Production Facility WWTP NC0089109. FYI: Corporate Facility contact: Darin Cooper Project Manager Horsehead Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, PA 15205 On -site Jim Harris Environmental Manager , Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, NC 28114 C 828.748.5283 0 828.919.3139 F 828.245.4237 iharris@horsehead.net (See attached facility info) Thanks, Wanda 1 Frazier, Wanda From: Harris James <jharris@horsehead.net> Sent: Thursday, August 22, 2013 4:59 PM To: Frazier, Wanda Cc: Howell Charles Subject: RE: Permit NC0089109 Wanda, We are making progress on the construction of our zinc manufacturing facility. The rains have caused a lot of trouble for our construction crews but we are continuing progress none the less. Would it be possible to meet with you on our process water permit? We want to make sure that we understand the expectations of the permit prior to startup. We will flex our schedule to adjust to yours if need be. Can you give me some dates when you are available in the next few weeks? Thanks, Jim Harris Environmental Manager Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, NC 28114 C 828.748.5283 O 828.919.3139 F 828.245.4237 iharris(o).horsehead.net From: Frazier, Wanda[mailto:wanda.frazierOncdenr.gov] Sent: Thursday, May 02, 2013 12:25 PM To: Harris James Cc: Howell Charles Subject: RE: Permit NC0089109 Hi Jim, haven't received the renewal package yet. As soon as I do, I'll look it over and let you know. It was nice to speak with you, Charlie, the other day. I look forward to working with you and your staff. Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Harris James[ma ilto:jharris(«bhorsehead.net] Sent: Wednesday, May 01, 2013 4:35 PM To: Frazier, Wanda Cc: Howell Charles Subject: Permit NC0089109 Hello Wanda, I understand that my corporate office in Pittsburgh has submitted the renewal documents for our wastewater discharge permit. Do you need any more information for the renewal? Thanks for your help. Jim Harris Environmental Manager Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro, NC 28114 C 828.748.5283 F 828.245.8931 4harris(ir)_horsehead.net 2 NPDES PERMIT APPLICATION - SHORT FORM C - Minors Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO089109 Please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Horsehead Metal Products, Inc. Rutherford County Production Facility 484 Hicks Grove Road Mooresboro North Carolina, 28114 828 919 3135 828 245 4237 jharris@horschead.net 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name.. Horsehead Metal Products, Inc. Mailing Address 484 Hicks Grove Road City Mooresboro RECEIVEn State / Zip Code North Carolina 28114 Division of Water Resource9 Telephone Number 828 919 3135 Fax Number 828 245 4237 Water Quality Regional Operations 4. Ownership Status: Asheville Regional Office Federal ❑ State ❑ Private ® Public ❑ Page 1 of 6 C-MI 10108 NPDES PERMIT APPLICATION -- SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. S. Standard Industrial Classification (SIC) code(s): 3341 6. Number of employees: Approx. 250 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. Wastewater is generated during the zinc production processes including leaching, extraction, stripping and electrowinning. The series of technologies used to produce zinc from this facility provides a high degree of metals removal from the wastewater stream, resulting in a discharge with low levels of contamination as compared to more traditional production facilities. Because of the extensive efforts to remove all metals from the process flow stream, the process itself provides a high degree of treatment. The effluent from these processes can be characterized as a clear brine solution. 8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: SHG Zinc Principal raw material(s) consumed: Zinc Oxide Briefly describe the manufacturing process(es): The process consists of Waelz Oxide leaching, extraction, stripping, and then electrowinning. Additional process description and the water balance information on how the facility will be operated were included in the original NPDES permit application. This facility will constitute the application of several technologies that will allow zinc metal to be captured from other metal production facilities. As noted in the EAA, the technologies and the configuration of the plant are considered business confidential information. Page 2 of 6 C-MI 10108 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed List s eci 'c amounts consumed and/or units of roduction over the last three years Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed AVERAGE PEAK per Day per Month Zinc Oxide - 232,000 short tons per Year consumed, galvanizers skimmings 26,500 short tons 11. Frequency of discharge: Continuous If intermittent: Days per week discharge occurs: Intermittent ❑ Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average Utility water, etc. - monthly average Process water - monthly average 800,000 (includes other process related wastewaters as described in the original application) Stormwater - monthly average Other - monthly average Explain: Monthly Average 800,000 total discharge (all types) 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Prouide a map shotaing the exact location of each outfall, including latitude and longitude): Broad River Page 3 of 5 GMI 10/08 NPDES PERMIT APPLICATION SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currentl; monitored. Summarize the Past 3 nears of effluent data. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) N/A Chemical Oxygen Demand (COD) N/A Total Organic Carbon N/A Total Suspended Solids 50* Ammonia as N N/A Temperature (Summer) 45* 35-45* Degrees Celsius Temperature (Winter) 45* 35-45* Degrees Celsius PH 9* 6-9* Fecal Coliform (If sanitary waste is present) N/A Total Residual Chlorine (if chlorine is used) N/A * Projected values, facility is under construction and actual data is not available. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NESHAPS (CAA) Ocean Dumping (MPRSA) X Dredge or fill (Section 404 or CWA) Other 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) The original application. package includes the base information on the expected effluent from the facility. Page 4 of 5 C-MI 10/08 NPDES PERMIT' APPLICATION - SHORT FORM C -'Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No 19. Applicant Certification I certify that I am familiar with the information. contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Anthony Staley General Manager Printed name Orson Signin, Title t Signature of Applicantc Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) - Page 5 of 5 C-MI 10/08 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Darin Cooper Project Manager Horsehead Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, PA 15205 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary July 22, 2011 Subject: Engineering Alternative Analysis (FAA) Permit NCO089109 Horsehead Corporation Rutherford County Production Facility :Rutherford County Dear Mr. Cooper: The Division of Water Quality (Division) has reviewed your Engineering Alternative Analysis (EAA) for the Horsehead Corporation Rutherford County Production Facility. The Division concurs with the conclusions and recommendations of the EAA. The EAA you have submitted is sufficient to meet the Alternative Analysis requirements for a new discharge. The Division will now proceed to the permitting of the discharge. After the effluent limits are calculated, the new draft permit will be publicly noticed in a regional newspaper. The entire permitting process may take between 60 and 120 days. If the draft permit causes significant protests from local citizens, governmental organizations, and/or environmental groups a public hearing may be scheduled and issuance of the final permit may be further delayed. In some cases the Division may modify or deny the request for a new permit based on the public hearing results. If you have any questions about the NPDES permit process, contact me at the following e-mail address - sergei.chernikov@ncdenr.gov, or telephone number 919-807-6393. Sincerely, Sergei Chernikov, Ph.D. Environmental Engineer II Complex NPDES Permitting Unit cc: NPDES File Asheville Regional Office/Surface Water Protection (via e-mail) David Honeycutt, McGill Engineers(david.honeycutt@mcgillengineers.com) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org ���'K/N���� An Equal Opportunity 1 Affirmative Action Employer ` TECMCAS itWMDAS BED. Alternative 1 Rev: 2 Date: 06/15/2011 Y C Oil iM I� htL7R'SEHEAI%1• ` f87 iverall water ut of battery limits (1) Reagent preparation to be performed with recycled process effluent (2) Discontinuous, negligible or recyclable streams without impact in overall water balance (3) Potable water not accounted. NCDENR North Carolina Department of Environment and Natural Resources - Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E...:y. Governor Director'` <�;.- t,..>.. Secretary_' March 2, 2012 r h1 Mr. Darin Cooper Horsehead Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, PA 15205 - Subject: Dear Mr. Cooper: t MAR - 8 2012 i; ' WATER QUALITY SECTION `• L r ASI-':EV!LLc P.-a{ONAL OfrICE Waiver of.Monirhiq Reii`or'ting"Requirement NPDES Pe.rmit.NC0089] Rutherford County Production Facility Rutherford County The Division has reviewed your request to suspend -submission of monthly Discharge Monitoring Reports (DMRs). The request was submitted by Forrest Westall of McGill Associates. After considering the recommendations of the staff in the Asheville Regional Office, I have agreed to waive the requirement to submit monthly DMRs for the subject facility, effective January 1,-2012. The DMRs up through (and including) December 2011 should be submitted as usual. Be advised that if and when any wastewater discharge occurs, the discharge must be monitored as per the terms of the NPDES permit• and other applicable rules or statutes. Please keep the Asheville Regional Office apprised of any pertinent developments that arise regarding this facility, especially if the discharge is re -activated. While requirements for operator visitation, monitoring and reporting are being waived, you are still required to pay the Annual Administering and Compliance Monitoring Fee that is associated with this and all NPDES permits. If you have any questions, or if you wish to request rescission of either permit, contact Charles H. Weaver at 919 807-6391. Sincerel , I A4 Charles Wakild, P.E. cc: Central Files Asheviillle Regional Office / Chuck Cranford -NPDES-Files 1617 Mail Service Center; Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 --- - - Phone: 919 807-6300 / FAX 919 807-6495 / Internet: www.ncwaterquality.org. NonrthCarolina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper lff rim y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Donald R. van der Wart Governor WATER QUALITY PERMITTING SECTION Secretary •• +; .�<.,,:�.:.'r.":o Yr:Y'!',. y:, ,;ri:r, .,,.. ,;.,r:., ;ra. esf . .:t3:u 'i"•ia•i• _ �;� :�:;;k• r;', . } , J .. �o F. Ot ,t.. f , ;':.4r5+:J.: jiG:•f}' 'F`A$"r'�i F. iiE'�i. iniir d, "� , -,a�.. 'ti : tf`;. ,. ka�ti 's'ert?.za;.—Ldc ,:�n•..d . .i,. e:N , �', ti � ..� .� Cs,: , I . 'y+l•"t . +�`" ..p�t,,l4'. ;�-s .:.�. },;,� �. ..(. k,..,,, ,.�+,«+�'�.....a.�, 'tCri t.� ��t.,,��t=: - :.rsf�n>,�F�•?:'.ua��t>:.��r ,, �t� ;;��' .::;;x....qqp^, .Q;,.3�'r;�-4�..�y. 4,�5`•' �i imig »� ;,�e, :t��, ��']j��7��j�1��'�'�'� /�`� ���7��1� '?:'.1 tt, * '�•+'�•.: �`.-3,?t ...(che: �-=..#W r+.lam. ... •%.. ..1�^._^..',::,%T�.., •.4• t.. - '�� f.!.t..�++..' .r�.. ,,�... �j'r4.- ..`^:,Y— : _yi , .r)...,. ii'%r •. U.c - a_� -fiq._ ,:+p.•_.y tti' la •' i v,tc:t,:�z,;%y„�:.ta,.�,r�x,'-�.�u,-�ta�'.X.��._.;i-;,ti.,.,.,::r�':?.�,.:,:F�;,:�.�,i���r��.�,..,�•,,,t�4.:..�•_,-.:�::�>,Fr,. rtroSt,S�xt ,��o�n.�,i'i�i�.;�,:..,. err_, '� This form is for ownership changes or name changes of NPDES wastewater permits. • "Permittee" references the existing permit holder a "Applicant" references the entity applying for the ownership/name change, I. NPDBS Permit No. (for which the change is requested): ��NxC 01* Certificate of Coverage #: N C G 5 II. Existing Permittee Information: a. Permit issued to (company name): b. Person legally responsible for permit: c. Facility name: d. Facility's physical address: e. Facility contact.person: III. Applicant Information: a. Request for change is a result of: If other please explain: b, Pen -nit issued to (company name): c. Person legally responsible for permit: Horsehead-Molding. C.orvoration- Dwain Cooper First Ml Last Project Manager Title 4955 Steubenville Pike, Suite 405 Permit Holder Mailing Address Pittsburgh PA 15205- City State Zip (724)774-I020 { } Phone Fax Horsehead Metal Products, LLC 484 Hicks Grove Rd. Address Mooresboro NC 28114- City State . Zip James D, Hai7is (828) 919-3139 First / MI / Last Phone ❑ Change in ownership of the facility ® Name change of the facility or owner Horsehead Metal Products, LLC " Anthony K Staley First MI Last General Manager Title 484 Hicks Grove Rd. Permit Holder Mailing Address Mooresboro NC 28114- . City State Zip 828) 919-3135 astaley@horsehead.net Phone E-mail Address � Page 1 of 2 Revised 710112014 IV. d. Facility name: e. Facility's physical address: f. Facility contact person: Horsehead Metal Products, LLC . 484 Hicks Grove Rd. Address Mooresboro NC 28114- City State Zip James D Hands First MI Last Environmental Manager Title (828) 919-3139 jharrisghorsehead.net Phone E-mail Address Will the permitted facility continue to conduct the same commercial/industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) If applicable, the applicant shall submit a major permit modification request to DWI. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: T141S APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: I. This completed application is required for both name change and/or ownership change requests. 2. Legal documentation of the -transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC.02H 0114 The certifications below must be completed and signed by both the permit holder prior to the change (Permittee), and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date .APPLICANT CERTIFICATION attest that this ap a on for a namelownership change has been reviewed and is accurate and complete io the best of my knowledge. I er tand that if all required parts of this application are not completed and that if all required supporting' aaj n is t ' eluded, this application package will be returned as incomplete. .. o Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NPDES PERMIT NAME/oWNERSHIP CHANGE REQUEST Revised 7/0I/2014 Page 2 of .;antwell, Janet From: Harris James <jharris@horsehead.net> Sent: Tuesday, February 10, 2015 3:47 PM To: Menzel, Jeff, Cantwell, Janet Subject: Permit Name/Ownership Name Change Request 'Attachments: 201502101439.pdf Attached is the completed form that provides the correct information for the permit name and owner for the Horsehead business located at 484 Hicks Grove Road, Mooresboro, NC. . Do you need a hard copy of this form or will the electronic form suffice? Thanks, Jim Harris 1 - i Facilitv information NPDES permit #: NC0089109 Rutherford County Facility name: Horsehead Holding Corporation Horsehead Metal Products Inc. Rutherford County Production Facility WWTP WWTP class: 11-11-11 permit indicated class as a WW II. 8-28-13 draft permit indicated is as a Class II. No classification applies, as this is a bleed treatment metal extraction process and no wastewater treatment processes are present. 9-10-13 Serge! said Steve Reid classified it as a Physical Chemical system with no ORC requirements. WWTP type: 0.62 MGD (100% industrial / commercial) zinc processing washwater (start-up: — fall of 2013) with: automatic sampler; instrumented flow measurement; and 4 effluent diffusers located in the Broad River. The > $ 480 million facility will use the impure zinc oxide that is generated from the. recycled electric arc furnace (EAF) dust in other Horsehead facilities. The EAF dust is a zinc containing waste generated by the North American mini mills. The facility will produce approximately 148,000 tons of high quality prime - Western grade Zinc metal. The process will include zinc oxide leaching, extraction of zinc with an organic ligand and electrowinning. The facility will achieve significant degree of recycling of the reagents that are used in the process. This would be a first facility of this type in the USA, and there are no effluent guidelines for Zinc recycling facilities. The EAA was submitted by the McGill Associates on behalf of the Horsehead Holding Corporation. The EAA was approved on July 22, 2011. It allows discharge of 0.62 MGD treated industrial wastewater. The wastewater generated by the facility is essentially a clean brine solution that has a high concentration of chlorides (19,680 mg/L). (R,,, c d o c,6��o�� _off Potable water and sanitary sewer service will be provided by the Town of Forest City's Riverstone WWTP. The facility is still under construction as of September 2013. The Reasonable Potential Analysis (RPA) was conducted when the application for a new permit was received. The application identified the number of pollutants that might be present in the discharge. The RPA was conducted for the following pollutants: iron, chlorides, fluoride, tin, arsenic, zinc, nickel, cobalt, copper, cadmium, lead, aluminum, chromium, and antimony. Permit Limits: • The limits for Total Cadmium, IFluoride, and Total Lead were established as a result of the Reasonable Potential Analysis of the effluent data. These limits are necessary to prevent contravention of the state water quality standards and the EPA criteria in the receiving water body. • The pH limits and turbidity limits are based on the state water quality standards. • The whole effluent toxicity testing was assigned in accordance with 15A NCAC 213.0508 Activities: Industrial & commercial machinery manufacturing; Inorganic chemical manufacturing; Metal products manufacturing; Non-ferrous metals manufacturing SIC: 3341 Secondary Smelting & Refining Annual Ave. Flow: MGD (3,year average: 2013-2016) I A to C(s): Authorization to Construct issued (date) for (description) ... Collection System: WQCS0035840 issued 3-26-2012, for 1930 ft of 6-inch gravity sewer to serve 250 employees and the discharge of 8750 gpd of non -process wastewater (domestic) into the Town of Forest City's Riverstone Industrial Park WWTP (NC0087084). The Reasonable Potential Analysis (RPA) was conducted when the application for a new permit was received. The application identified the number of pollutants that might be present in the discharge. The RPA was conducted for the following pollutants: iron, chlorides, fluoride, tin, arsenic, zinc, nickel, cobalt, copper, cadmium, lead, aluminum, chromium, and antimony. Permit Limits: • The limits for Total Cadmium, Fluoride, and Total Lead were established as a result of the Reasonable Potential Analysis of the effluent data. These limits are necessary to prevent contravention of the state water quality standards and the EPA criteria in the receiving water body. • The pH limits and turbidity limits are based on the state water quality standards. • The whole effluent toxicity testing was assigned in accordance with 15A NCAC 213.0508 - - Activities: Industrial & commercial machinery manufacturing; Inorganic chemical manufacturing; Metal products manufacturing; Non-ferrous metals manufacturing SIC: 3341 Secondary Smelting & Refining Annual Ave. Flow: MGD (3 year average: 2013-2016) A to C(s): Authorization to Construct issued (date) for (description) ... Collection System: WQCS0035840 issued 3-26-2012, for 1930 ft of 6-inch gravity sewer to serve 250 employees and the discharge of 8750 gpd of non -process wastewater (domestic) into the Town of Forest City's Riverstone Industrial Park WWTP (NC0087084). WQ0035807 lift station with 60 KW natural gas generator, flow to the Town of Forest City's Riverstone Industrial Park WWTP WQ0035807 lift station with 60 KW natural gas generator, flow to the Town of Forest City's Riverstone Industrial Park WWTP. Pump and Haul: WQ0036363 (domestic wastewater to Town of Forest City's Riverstone Industrial ParkVWUTP (NC0087084). issued 2-12-2013 (Odum Engineering) expires 8-12-2013 828-247-4495 David Stormwater: NCS000562 Individual stormwater discharge Effective: 4-1-13 Tim Fox & Jonathan Stepp: 4-1-13 CEI WWTP location: Responsible officials: -Mailing address: Phone numbers 724-709-0225 cell 828-429-9339 828-245-8931 828-748-5283 cell 828-919-3139 828-245-4237 828-748-5636 828-245-8931 Permit information Effective: Expires: Renewal rcvd: Draft: Public Notice: New expiration: Reviewer: 484 Hicks Grove Road; Mooresboro 28114 Jim Hensler, CEO Anthony Staley, General Manager Horsehead Corporation 4955 Steubenville Pike, Suite 405; Pittsburgh, PA 15205 Anthony Staley, Ph.D.- General Manager (on -site ) Kobus De Wet, Ph.D. — Technical Manager (SoAfr) Scott Hoenecke — Operations Manager " -fax Jim Harris — Environmental Manager " - plant (email: jharris(c-horsehead.net) " - fax Charlie Howell — Environmental Health and Safety Specialist 11-11-11 7-31-13 1-4-13 8-28-13 11-4-2013 7-31-2018 Dr. Sergei Chernikov Stream information Stream: Broad River River basin: Broad River Basin Sub -basin: 03-08-021 Stream Index No.: 9-(36.5) Stream classification: C Stream index: 9-(36.5) 303(d) Status: Not listed Hydrologic Unit Code: Quad: Chesnee, SC Grid: F 11 SW Drainage area sq mi: 575 Summer 7Q10 cfs: 167 Winter 7Q10 cfs: 334 30Q2 cfs: 403 Average stream flow: 914 cfs Instream Waste Conc.: 0.57% Toxicity Testing Conc.: Chronic P/F (test organism: Ceriodaphnia) Toxicity Monitoring: Quarterly: Jan, Apr, July, Oct Latitude: 35.12.01 Longitude: 81.51.16 Outfall(s): 001 (8-inch gravity line is 1/8 mile to Broad River) Other information Directions: Take 1-40 east from ARO to Marion, then south on Hwy 221. The site is - 16 miles south of Rutherfordton. Follow Hwy 221 and turn right onto Hicks Grove Road. The plant is on the right. It takes;- 1 hr 25 minutes to get there. i �i Stream information Stream: River basin: Sub -basin: Stream Index No.: Stream classification: Stream index: 303(d) Status: Hydrologic Unit Code: Quad: Grid: Drainage area sq mi: Summer 7Q10 cfs: Winter 7Q10 cfs: 30Q2 cfs: Average stream flow: Instream Waste Conc.: Toxicity Testing Conc.: Toxicity Monitoring: Latitude: Longitude: Outfall(s): Other information Directions: Broad River Broad River Basin 03-08-02 9-(36.5) C 9-(36.5) Not listed Chesnee, SC F 11 SW 575 167 334 403 914 cfs 0.57% Chronic P/F (test organism: Ceriodaphnia) Quarterly: Jan, Apr, July, Oct 35.12.01 81.51.10 001 (8-inch gravity line is 1/8 mile to Broad River) Take 1-40 east from ARO to Marion, then south on Hwy 221. The site is - 16 miles south of Rutherfordton. Follow Hwy 221 and turn right onto Hicks Grove Road. The plant is on the right. It takes — 1 hr 25 minutes to get there. ANTHONY STALEY, PHD General Manager - Zinc Metal 484 HICKS GROVE ROAD MOORESBORO, NC 28114�\ HOF- c'�EH�EA r C 724-709-0225 CORPORATION Leading the World in Zinc Recycling ASTALEY@HORSEHEAD.NET W W W.HORSEH EAD.N ET r,==g NECKE er 484 HICKS GROVE ROAD MOORESBORO, NC 28114 HO �S'E'� I E'AM P 828-429.9339 CORPORATION F 828-245-8931 Leading the World in Zinc Recycling SHOENECKE@HORSEHEAD.NE`r Jim HARRIS Environmental Manager 484 HICKS GROVE ROAD MOORESBORO, NC 28114 }]�Q s ��� I �� r C828.748-5283 CORPORATION F 828-245-8931 Leading the World in Zinc Recycling JHARRIS@HORSEHEAD.NET ^' WWW.HORSEHEAD.NET CHARLIE HOWELL - Environmental Health & Safety Specialist 4 i 484 HICKS GROVE ROAD MOORESBORO, NC 28114 H�0 -_S'C'HE�D '/ C828-748-5636 CORPORATION F 828-245-8931 Leading the World in Zinc Recycling CHOW ELL@HORSEHEAD. N ET W W W. HORSEH EAD. N ET Directions to: Horsehead Holding Corporation (HHC) 484 Hicks Grove Road (enter via Hicks Grove Road Extension) Mooresboro, NC28114-8268 Jim Harris (cell) 828-748-5283 (plant) 828-919-3139 NC0089109 WWTP Distance 62.53 miles / 1 hour 14 minutesff 37 l` ry .x (T:: v, 1. Start out going northeast on. US-70 toward Walters Rd'. 1, 2. Turn right onto Patton Cove Rd. • Patton Cove Rd is 0.1 miles past Old Patton Cove Rd • BP Quick'Mart is on the corner • If you reach Welch Rd you've gone a little too far 3. Merge onto 1-40 E via the ramp on the .left toward Black Mountain. • If you reach Buckeye Access Rd you've gone a1ittle too far 4. Take the US-221 exit, EXIT 85, toward Marion / Rutherfordton. 1.2 mi 1 minute 0.4 mi 25.6 mi 24 minutes 0.1 mi 5. Turn right onto US-221. If you reach 1-40 E you've gone about 34.8 mi 0.2 miles too far 45 minutes 6oG5�- 6. Turn right onto Hicks Grove Rd. 0.4 mi 1 minute • Hicks Grove Rd is 0A miles past State Line Rdc#, ) • If you reach Circle- Dr you've gone abouT0- m8te�oo far ■ 7.484 HICKS GROVE RD is on the right. • Don't turn onto Hicks Grove Road. • Keep going south to Hicks Grove Road. Extension. • The HHC plant is at the top of the hill. Alternate: Proceed down Hwy 22 South into SC. Turn left onto Island Ford Road. Turn right onto'Hicks Grove Road Extension. Driving Directions from 2090 Us 70 Hwy, Swannanq��-.North C... Page 2 of 2 Total Travel Estimate: 62.53 miles - about 1 hour 14 minutes BOOKTRAVELwith mapquest"(877). 577-5766 k 200m 0 k� 54 x� 1, 11121MV I -A'i jL MN -Z z�01 r9 ' S -� J-41 V - t a,; i 4t�KIMa a Pions 62413}E�iahYT ©2013 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use http://www.mapquest.com/print?a=app.core.b6eOba92b0991ed8b...-8/27/2013 FIGURE 111-1 CONNECT TO FOREST CITY `E +� WASTEWATER TREATMENT PLANT {� POP.4,415 _ POP.4, '� , A' IB ' ��►' HORSEHEAD CORPORATION ► 1.► .tip, �. RUTHERFORD COUNTY, NORTH CAROLINA 74 ►^ 2' J F?R€5T OP. 8,3 - I 1.3 @ r4 FOREST CITY � ELLENBORO► SECOND BROAD RIVER POP. 522 , \ 1 Ai + ` 74 m d WASTEWATER cTREATMENT PLANT ® o • - 221 1 ' v UNE B — 1207 c 1 `t � ` ® ndymus .3 1139� � 1.6 1 i, t 421 t A 113 1 / 1 t Caroleen — 3 �+ 27 �► ` Avondal e1193 / N °1106 '.3 + and t 1221 33 .3 1134 -`,, .. w Hy 9 - POTENTIAL FORCE , 0 0 "� i a'"S MAIRROUTE '�\ A c 1106 , 0 " 1214 � 421 Q Iiffsidl J 106 1 J MATCH 1125 210 �09 - e 124 W N12 1.3 ��•b N o � � I < A g � ZjAD m 1108 °11to9 PROPOSED-1._0 HORSEHEAD •3.6 ` FACILITY �� 2to5 1 210 10 210 '1111 �� 1114 j Q '0 .- 1 N + o_ 1110�,�1, — / 1113 ¢ 2105 ' 1 t 16 - SCALE: 1' - 7000 cy — - b w O latptl1111\_lt�7}lptltlr 1;// - '- _ _____-__ _ ---�t^1'l "IIII 111 .1 .1,/ /!! _ `♦ � 1 - rJ, 't' (� r'' 'rr -o-cn __ _ _.\/N•'!!,!; !/.'z:!'.i li` IIII dp hU IIII l�Ji ♦\''t - - -/ � � - `_- 'i'%'''=�-�'iyJri�:�"� ==__ __ ___=_ =--='i'� I /�'r[<;: .;iJ `•_ :� �1;1! ��'1 ���� , / f� .� �\ r/ �� �� � 1 'v _ r�/i. 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' \'L LI IINN: /! 1//1 t 11i V?`aa I\I' L\` `\♦ `•\•'\,\ /!f/ t I I Ill 11,` ,,\\1 \\\\♦ /. i / r j I f I 11\\'' `;`'\'\. / ,l r 'r'r'_ __---_ ` t /I !!/ , �_ 1 I, 11 I 1 � � ♦ ♦ �.•'"_`'--�._\Ill Ili/'�fl:ll _ t\-___ \ l 1 I I 1 7 ' `' I -___ -"-_ ` � -aa •e_ y /til IU `� __ -_ "__t� ,- ___- IN Ji! -- 1 `\ `♦ !r I 1 1 rr ♦ '\ s , I , ! / r! r _-------- ,I 1 1 1 1 �� `t !, I I - -•` `t 5 L -_-' � r � 1 J I j IL i\ I •i \ 1, i 1 I `\ 1�1 , 1 r_ r•. , IGURE 111-3: PRELIMINARY SITE PLAN - RUTHERFORD COUNTY, NORTH CAROLINA N -�- _o \,il,,,t,\-i SCALE: 1 400' lo LEGEND_ POTENTIAL STREAM POTENTIAL WETLANDS ® m ® ® m m ® - EFFLUENT SEWER PIPELINE gm I POTENTIAL PRODUCTION F/ 111 NCDENR;aVK.+f".J`ei:°!�rSC'rf'�i'l':h'SiR:.:+-(^vG>'n!f.;a'.1.Y.^4G`.<a:r,+s North Carolina Department of Environment and Natural Reso.Ltr --e Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director '. F: November 11, 2011 Mr. Darin Cooper Horsehead Corporation h 4955 Steubenville Pike, Suite 405 Pittsburgh, PA 15205 Subject: Issuance of NPDES Permit NC0089T0? Rutherford County Production Facility Rutherford County Facility Class WW-2 Dear Mr. Cooper: Division personnel have reviewed and approved your application for a new NPDES permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This Final Permit contains no major changes from the Draft Permit sent to you on September 14, 2011. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 807-6393. Sincerely, (s �Sr- Coleen H. Sullins cc: Central Files NPDES Files //Asheville Regional Office / Surface Water Protection Aquatic Toxicology Unit (e-copy) David Honeycutt; McGill Engineers (e-copy: clavid'honeycutt@mcgillengineers.com) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 1�Tt11One 1, 512 North Salisbury Street, Raleigh, North Carolina 27604 lv o Carohna Internet: 19-8/port391 / FAX 9g9 807-q AM N���� Phone: 919-807-6391 I FAX 919 807-6495 charles.weaver@ncdenr.gov k n �Y. i"- An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 4 Permit NCO089109 STATE OF NORTH. CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE . NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Incompliance with the provision of North Carolina General Statute 1437215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Horsehead Corporation is hereby authorized to discharge wastewater from a facility located at the Rutherford County Production Facility Hicks Grove Rd Forest City -Rutherford County to receiving waters designated as the Broad River in subbasin 03-08-02 of the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2011. This permit and authorization to discharge shall expire at midnight on July 31, 2013. Signed this day November 11, 2011. Coleen H. Suullins, Director Division of Water Quality By Authority of the Environmental Management Commission __4 `- Permit NCO089109 SUPPLEMENT TO PERMIT COVER SHEET Horsehead Corporation is hereby authorized to: 1. Construct and operate a zinc recycling facility, with a discharge of process wastewater to be monitored / controlled by: ➢ Automatic sampler ➢ Instrumented flow measurement ➢ Diffuser The facility will be located off Hicks Grove Rd near Forest City in Rutherford County. 2. Discharge from said wastewater system at the location specified on the attached map into the Broad River, currently classified C waters in hydrologic unit 03050105 of the Broad River Basin. NCO089109 - Horsehead Corporation Latitude: 35012'03" Sub -Basin: 03-08-02 Longitude: ude: 81051'03" USGS Quad: F11SW Receiving Stream: Broad River Stream Class: C Hydrologic Unit: 03050105 I Facility Location' Map not to scale ✓V(�L�L Rutherford County Permit NCO089109 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Locationl Flow 0.62 MGD Continuous Recording Effluent Total Suspended Solids Monthly Composite Effluent NHA Quarterly Composite ' Effluent Total Aluminum Quarterly Composite Effluent Antimony Quarterly Composite Effluent Arsenic Quarterly Composite Effluent Total Cadmium 350 pg/L 2,143 pg/L Monthly Composite Effluent Chlorides Quarterly Composite Effluent Total Chromium Quarterly Composite Effluent Total Cobalt Quarterly Composite Effluent Total Copper Quarterly Composite Effluent Fluoride 315.8 mg/L 315.8 mg/L Monthly Composite Effluent Total Iron Quarterly Composite Effluent Total Lead 4,386 pg/L 4,829 Ng/L Monthly Composite Effluent Total Nickel Monthly Composite Effluent Total Tin Quarterly Composite Effluent Total Zinc Quarterly Composite Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Chronic Toxicity3 Quarterly Composite Effluent Turbidity4 Monthly Grab Effluent U, D NOTES: 1. U: at least 50 feet upstream from the outfall. D: at least 50 feet downstream from the outfall. 3. Chronic Toxicity (Ceriodaphnia) P/F ® 0.57 % with testing in January, April, July, and October [see A. (2)]. 4 The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM VISIBLE IN OTHER THAN TRACE AMOUNTS. Permit NCO089109 A. (2) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 0.57 % (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1(original) is.to be sent to the following address:. Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing,- this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. XrL�FLS Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample, A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer; and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1013112011 ES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than,100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is .calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). `DWO or "the Division" -The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. -EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under thisNPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples. of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1013112011 1`1_ "S Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during. the minimum time required for the flow measuring device or method to produce a result in that.instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. . Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301., 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1013112011 ru-,DES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than--$I-000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided iu permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee.from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1013112011 l:- ;5 Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an aetivity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, -and fees as are required by the agency authorized to issue permits -no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the,manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For,a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1013112011 rgrLES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the -fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the' classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1013112011 1 ', _S Permit Standard Conditions Page 7of18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class"I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with, all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to`the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR•122.4I(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass,.it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing.Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for' a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1013112011 i-4'rijES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through -properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the -United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2,3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted'to the following address: Version 1013112011 r S Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by ;the Division. Pennittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. ` Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined . capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1013112011 ivrLES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. - The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Pennittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Pennittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise - authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge -of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants. discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Pennittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing pen -nit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Pennittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new pennittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1013112011 NrlirS Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors'any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or -the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware.of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permitfee shall report all instances of noncompliance not reported.under Part H.E.S and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)1.. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall repot by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility, incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure'of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1013112011 iNrvES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than . $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1013112011 NrUr;S Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planVs treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. - That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred.micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L)"for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed*the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); . (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1013112011 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the -magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW-may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,. noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SILT); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Version 1013112011 l Nr,in3 Permit Standard Conditions Page 15 of 18 Section B. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstructionto the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or - (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes Version 1013112011 NrUES Permit Standard Conditions Page 16 of 18 aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate -or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 0211..0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permitted shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) . The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I-5A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(0(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of-SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part: [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(0(2) and 403.9) 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.S.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] Version 1013112011 Nl-.L S Permit Standard Conditions Page 17 of 18 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to. the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40,CFR 403.5(c) and 15A_NCAC 02H .0909, specific Local Limits to implement the prohibitions 'listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their- wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. -Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the'HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(0(1)(iii); NCGS 143-215,67(a)] . 6. Authorization to Construct (Atc) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an.AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU.permit-limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. - 8. IU Self Monitoringand Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the *industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be c nsistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a Version 1013112011 rgrliES Permit Standard Conditions Page 18 of 18 partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division -at the following address: - NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment; Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of JUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined'in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by. 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] - 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1013112011 NCDENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT Horsehead Metal Products Inc. NCO089109 I`nformati(j120MIME �. 'Ali (1.) Facility Name: 2. Permitted Flow GD : ' Rutherford CountyPxoduction Facility 0.62 6. Coun Rutherford (3.) Facility Class: ' II i 7.) Regional Office: _ Asheville (4.) Pretreatment Program: i N/A (8.) USGS Topo Quad: F11SW (5.) Permit Status: ` Renewal (9.) USGS Quad Name: (1.) Receiving Stream: _ 2. Sub -basin: I Broad River 03-08-02 (7.) Draina a Area mi2): 8. Summer 7Q10 cfs ; 575 1167 3. Stream Index Number: __........__ _._...._.......... 9- 36.5`` �_-_....... ....._........ -I 9. Winter 7 10 lcfs ) Q _ �'......... 334 - - (4.) Stream Classification: _....__) __..._----_-..__......._..._... --- ____......_.._........... _. _.__ 5. 303 d Status: I C Not listed (10.) 30Q2 (cfs): ___ --_..__......._.__..—___..........................__..__r.._� - 11. Avera e Flow cfs : 1403 _._...........___.__T ._-. 914 (6.) 305(b) Status: I (12.) IWC %: 0.5 Summary This is a renewal of the permit for Horsehead Metal Products Inc. The facility is currently under construction, it is located in the southern portion of the Rutherford County. The facility will use the impure zinc oxide that is generated from the recycled EAF dust in other Horsehead facilities. The EAF dust is a zinc containing waste generated by the North American mini mills. The facility will produce approximately 148,000 tons of high quality prime -Western grade Zinc metal. The process will include zinc oxide leaching, extraction of zinc with an organic ligand and electrowinning. The facility will achieve significant degree of recycling of the reagents that are used in the process. This would be a first facility of this type in the USA, and there are no effluent guidelines for Zinc recycling facilities. The EAA was submitted by the McGill Associates on behalf of the Horsehead Corporation. The EAA was approved on July 22 2011, it allows discharge of 0.62 MGD treated industrial wastewater. The wastewater generated by the facility is essentially a clean brine solution that has a high concentration of chlorides (19,680 mg/L). Potable water and sanitary sewer service will be provided by the Forrest City. The facility is still under construction. RPA The RPA was conducted when the application for a new permit was received. The application identified the number of pollutants that might be present in the discharge. The RPA (reasonable potential analysis) was conducted for these pollutants: iron, chlorides, fluoride, tin, arsenic, zinc, nickel, cobalt, copper, cadmium, lead, aluminum, chromium, and antimony. RPA was not conducted during this renewal since the facility is still under construction. WET The whole effluent toxicity testing was assigned in accordance with 15A NCAC 213.0508 NPDES Permit Fact Sheet /06/ 13 Page 2 PERMIT LIMITS Ii6'rsehead Metal Products Inc. NC0089109 • The limits for Total Cadmium, Fluoride, and Total Lead were established as a result of the Reasonable Potential Analysis of the effluent data. These limits are necessary to prevent contravention of the state water quality standards and the EPA criteria in the receiving water body. • The pH limits and turbidity limits are based on the state water quality standards. The whole effluent toxicity testing was assigned in accordance with 15A NCAC 2B.0508 Proposed Schedule for Permit Issuance Draft Permit to Public Notice: September 10, 2013 (est.) Permit Scheduled to Issue: November 4, 2013 (est.) State Contact Information If you have any questions on any of the above information or on the attached permit, please contact Sergei Chernikov at (919) 807-6393, or sexgei.chernikov@ncdenr.gov. Regional Office Comments: Name: D NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 28, 2013 Mr. Anthony Staley, Plant Manager Horsehead Metal Products Inc. 484 Hicks Grove Road Mooresboro, North Carolina 28114 Subject: Draft NPDES Permit Permit NCO089109 Rutherford County Production Facility Rutherford County Facility Class II Dear Mr. Staley: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains no significant changes ftom your current permit. Please provide any comments you have regarding the draft permit to this office by October 10, 2013. At this time, the Division is also publishing a notice in the newspapers of general circulation in Craven County, inviting public comment on the draft permit. Following the 30-day comment period, we will review all pertinent comments received and take appropriate action on the permit renewal. If you have any questions about the NPDES permit process, please contact me at the following e-mail address: sergei.chernikov@ncdenr.gov, or telephone number: 919-807-6393. Sincerely, Sergei Chernikov, Ph.D. Environmental Engineer II Complex NPDES Permitting Unit cc: NPDES Files Asheville Regional Office / Surface Water Protection Section (e-copy) ESS/Aquatic Toxicology Unit (e-copy) Steve Reid (e-copy) David Honeycutt (e-copy) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 l FAX: 919-807-6492 Internet: wwwmwaterquality.mg One - ... NorthCarolna XINN41ff An Equal Opportunity1 Affirmative Action Employer Permit NCO089109 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES Draft PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Horsehead Metal Products Inc. is hereby authorized to discharge wastewater from a facility located at Rutherford County Production Facility Forest City Rutherford County to receiving waters designated as the Broad River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective. This permit and authorization to discharge shall expire at midnight on July 31, 2018. Signed this day Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 4 Permit NC0089109 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Horsehead Metal Products Inc. is hereby authorized to: 1. After constructing the wastewater treatment facility, operate it in accordance with the existing wastewater treatment system consisting of the following components: ➢ Automatic sampler ➢ Instrumented flow measurement, and ➢ Diffuser The facility is located near Forest City, Rutherford County; and 2. Discharge from said treatment works at the location specified on the attached map into the Broad River which is classified C waters in the Broad River Basin. Page 2 of 4 f�\ i Permit NCO089109 Part I A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS IMITS ., MONITORING REQUREMENTS Monthly Average Daily, Maximum Measurement Frequency Sample Type, Sample L`ocation1 Flow (MGD) 0.62 Continuous Recording I or E Total Suspended Solids Monthly Composite E NH3-N Quarterly Composite E Total Aluminum Quarterly Composite E Antimony Quarterly Composite E Arsenic Quarterly Composite E Total Cadmium 350 ug/L 2,143 ug/L Monthly Composite E Chlorides Quarterly Composite E Total Chromium Quarterly Composite E Total Cobalt Quarterly Composite E Total Copper Quarterly Composite E Fluoride 315.8 mg/L 315.8 mg/L Monthly Composite E Total Iron Quarterly Composite E Total Lead 4,386 ug/L 4,829 ug/L Monthly Composite E Total Nickel Monthly Composite E Total Tin Quarterly Composite E Total Zinc Quarterly Composite E pHz Weekly Grab E Chronic Toxicity3 Quarterly Composite E Turbidity4 Monthly Grab E, U, D NOTES: 1. Sample Locations: I - Influent, E - Effluent, U - upstream (50 ft. upstream of the discharge), D - downstream (50 ft. downstream of the discharge). 2. The pH shall not be less than 6.0 standard units or greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) P/F ® 0.57%; Jan., April, July and October; See condition A(2) of the Supplement to Effluent Limitations and Monitoring Section of this permit. 4 The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM VISIBLE IN OTHER THAN TRACE AMOUNTS. Page 3 of 4 Permit NCO089109 A (2). CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 0.57% (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow". in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation. & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 4 AV.a NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 4, 2013 Horsehead Metal Products, Inc 484 Hicks Grove Road Mooresboro, NC 28114 Subject: Receipt of permit renewal application NPDES Permit NCO089109 Rutherford County Dear Mr. Anthony Staley, John E. Skvarla, III Secretary The NPDES Unit received your permit renewal application on January 5th 2013. This permit renewal has been assigned Sergei Chernikov (919-807-6393) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, Jeff Poupart Point Source Branch Cc: Central Files AshvilleY'Regional O~ ffic NPDES-Unit-- 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper RECEi ED F E B 1 4 2013 DWQ/Surface Water Protection Section Asheville Regional office NorthCarohna Nahlrall'ff MO HICKS GROVE ROAD WWW.HORSEHEAD.NET c on P� S IEK...rrr It ��r II\ MOORESBORO, NC 28114 � O �—=�' �� SJ=-�`S-D Leading the World in Zinc Recycling December 20, 2012 John Hennessy North Carolina Department of Environment & Natural Resources Division of Water Quality 512 North Salisbury Street 9th Floor - Archdale Building Raleigh, North Carolina 27604 Re: NPDES Permit No. NCO089109 Renewal Application Horsehead Metal Products, Inc. Rutherford County, North Carolina Dear Mr. Hennessy: / Please find enclosed three (3) copies of an Application for an NPDES Permit Renewal for Permit No. NC0089109. We are hereby requesting renewal of the permit. The facility is currently under construction and no discharges have occurred under this permit to date. Please note that we are requesting a change in Owner and Operator name to Horsehead Metal Products, Inc. All application information should be considered Business Confidential. Thanks for your assistance on this important project. If you have any questions please don't hesitate to contact me or our engineer, David Honeycu , PE at 828-252- 0575 or email at david.honeycutt@mcgillengineers.com. A I . Sincerely, HO T PRODUCTS, INC. An Staley Plant Manager Encl. ®cc: Tim Basilone, Horsehead Corporation om Belnick, Division of Water Quality David Honeycutt, PE, McGill Associates, P.A. JAIV -_g` Forrest Westall, PE, McGill Associates, P.A. 2u;3 d R _ sdtJ�cc. I .V .LY. _g.,... fir. I}..t-?i`♦ NPDEB PERMHT APPLICATION = SHORT FORM C - Minor Hadustrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of dater Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO089109 Please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Horsehead Metal Products, Inc. Horsehead Metal Products, Inc. 484 Hicks Grove Road Mooresboro North Carolina/28114 724.773.2223 412.788.4526 astaley@,horsehead.net 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County Rutherford 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) -Name Horsehead Metal Products, Inc. Mailing Address 484 Hicks Grove Road City Mooresboro State / Zip Code North Carolina/28114 Telephone Number 724.773.2223 Fax Number 412.788.4526 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ Page 1 of 5 C-MI 10108 XPDES PERMXT AI; PLHC ATROM - SHORT DORM C - Minor nor Xndustgia l Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 3341 6. Number of employees: Aptorox. 250 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. Wastewater is generated during the zinc production processes including leaching, extraction, stripping and electowinning. The series of technologies used to produce zinc from this proposed facility provides a high degree of metals removal from the wastewater stream, resulting in a discharge with low levels of contamination as compared to more traditional production facilities. Because of the extensive efforts to remove all metals from the process flow stream, the process itself provides a high degree of treatment. The effluent from these processes can be characterized as a clear brine solution. S. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: SHG Zinc Principal raw material(s) consumed: Zinc Oxide Briefly describe the manufacturing process(es): The process consists of Waelz Oxide leaching, extraction, stripping, and then electrowinning. This facility will constitute the application of several technologies that will allow zinc metal to be captured from other metal production facilities. The technologies and the configuration of the plant is considered business confidential information. Page 2 of 5 C-MI 10108 WFDE3 PERMIT APPLICATION - SHORT FORM C - Minor Industirial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed _.r_ _ s_ _ ,.,a ..«A/,,,., ;+-.,f nrn.-i in inn nvor fhe In.ct thrBB uP_ars) LLJL J GGL LG wI. Lv w. Lc..s aiv. ducew«.d.. r.iw ..... ---- • ------ - - Product Proor Raw Material - - - - Product Produced or Raw Material Consumed Consumed AVERAGE PEAK per Day per Month Zinc Oxide - 232,000 Short Tons per Year Consumed, Galvanizers Skimmings 26,500 Short Tons 11. Frequency of discharge: Continuous If intermittent: Days per week discharge occurs: Intermittent ❑ Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average Utility water, etc. - monthly average Process water - monthly average 620,000 (includes other process -related wastewaters as described in the attached application materials) Stormwater - monthly average Other - monthly average Explain: Monthly Average total discharge (all types) 620,000 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Broad River Page 3 of 5 C-MI 10108 XPD ES PER1Mi XT APPLICA` XON - SHORT FORM O - Mincr Hndustriafl Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters ny ti nftored Sum marsze the ast 3 years of effluent data. Curremo Daily Monthly Units of Parameter Maximum Average Measurement Biochemical Oxygen Demand (BOD5) N/A Chemical Oxygen Demand (COD) N/A Total Organic Carbon N/A Total Suspended Solids 50* mg/l Ammonia as N N/A Temperature (Summer) 45* 35-45* degrees C Temperature (Winter) 45* 35-45*- degrees C pH 9* 6-9* SU Fecal Coliform (If sanitary waste is N/A present) Total Residual Chlorine (if chlorine is N/A used) *-- Projected values, facility is proposed and actual data is not available. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 9 NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Refer to.discharge parameters provided in previous application package. No changes to these projected values are known at this time. Page 4 of 5 C-MI 10108 *-- Projected values, facility is proposed and actual data is not available. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 9 NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Refer to.discharge parameters provided in previous application package. No changes to these projected values are known at this time. Page 4 of 5 C-MI 10108 NPOES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) yes ❑ No 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete; and accurate. North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of - the Environmental Management Commission implementing that Article, or who falsifies, 'tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S:C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 5 C-MI 10/08 ,9E l � •I'� ' c�• 1� a � �, 1 r� miff l� ig •GI�1�1� � W, WIN YA ei��ilWL'i� trn FIGURE 111-2 PROPOSED DISCHARGE LOCATION -MAP HORSEHEAD CORPORATION • I r 4 _FORD RUTHE 1 A e COUNTY, NORTH N:ti-:!!:i. -r, t.'_...rv.- + :i..,i_ l-wl. ...-'.'.�e�,bt"::.r!k]Y:1Yb+,Y►.ik':dl/t'fYs_ef.:. y.: ¢..u...i-:.C��,4v...:!M'_. ...:..:NIW'ANfflRei'-VG-'FY �_:�. :.✓ TO: Complex Permitting Unit ATTENTION: Sergei Chernikov, Ph.D DATE: August 9, 2011 NPDES STAFF REPORT AND RECOMMENDATION RUTHERFORD COUNTY PERMIT NUMBER NCO089109 PART I - GENERAL INFORMATION 2 3 4 5 6 E:7 �c Facility and Address: Hicks Grove Road Forest City Rutherford County, NC 28043 Mailing: Horsehead Holding Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 Date of Investigation: August 27, 2011 Report Prepared By: Don Price, CET Persons Contacted and Telephone Number: Forrest Westall, P.E. 828-252-0575 Directions to Site: Hwy 221 S. to Hicks Grove Road on right, site is 0.55 miles on right. Discharge Point(s), List for all discharge points: Latitude: N 350 12' 1.00" Longitude: W 81' 51' 10.00" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. U.S.G.S. Quad Name 'Chesnee' Topography (relationship to flood plain included): gentle slope toward Broad River, production mfg. Site mostly flat with sight slope. Location of nearest dwelling: 0.5 mile- 10. Receiving stream or affected surface waters: Broad River a. Classification: C b. River Basin and Subbasin No.: Broad C. Describe receiving stream features and pertinent downstream uses: Secondary recreation and fishing. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Volume of wastewater to be permitted 620,000 gpd 2. What is the current permitted capacity of the Wastewater Treatment facility? N/A 3. Actual treatment capacity of the -current facility N/A 4. Date(s) and construction activities allowed by previous A to C issued in the previous two years: N/A 5. Please provide a description of existing or substantially constructed wastewater treatment facilities: NONE 6. Please provide a description of proposed wastewater treatment facilities: The effluent from the mfg. Process wastewater can be characterized as a clear brine solution. (see Part IV — Evaluation and Recommendations). 7. Possible toxic impacts to surface waters: NONE -1- PART III - OTHER PERTINENT",--, ERTINENT ",-a bRMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: None 3. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Adjacent land is apparently not available Connection to Regional Sewer System: Not possible Subsurface: Soil not suitable Other disposal options: According to soil study and engineering study the only reasonable alternative is direct discharge. PART IV - EVALUATION AND RECOMMENDATIONS This is a 'new process' technology involving the reclamation and recycling of zinc from the proposed facility. The described process provides for a high degree of metals removal from the wastewater stream, resulting in a discharge with low levels of contamination as compared to more traditional production facilities. Because of the extensive efforts to remove all metals from the process flow stream, the process itself provides a high degree of treatment. The ARO concurs with the Central Office finding that there is no other viable option for Wastewater treatment at this time other than direct discharge. ARO recommends that the facility employ'post flow equalization' prior to discharge. Post flow equalization will help insure consistent in stream concentration discharges below the discharge. The ARO has reviewed the company's request for flexibility in setting effluent limitations for flow and other effluent characteristics. Based upon the prediction calculations made the ARO agrees that this is a reasonable request. Dependent upon how Wastewater will be discharged from the facility there could be peak flow levels could result in elevated pollutant levels beyond those anticipated. Providing that the owner has met all submittal requirements with the application and is able to meet any requirements of the Central Office, the regional office recommends the issuance of the permit. ; /j . „ ' /_) . Signature of Report Preparer Water'Quality Regional Supervisor . Da e -2- A`4iA NIC®ENR North Carolina- Department -of Environment.and Naural-Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director July 12, 2011 DARIN COOPER PROJECT MANAGER HORSEHEAD CORPORATION 4955 STEUBENVILLE PIKE; SUITE 405 PITTSBURGH PA 15205 . Subject:. NPDES Permit application NCO089109 Rutherford County Production Facility Rutherford County . Dear Mr: Cooper: Dee Freeman Secretary The Division of Water Quality NPDES acknowledges receipt of your permit application, with payment and supporting materials on July 12, 2411. This application package has been assigned the number listed above and will be rWPM, ev�ie e,d by Sergei Chernikov. By copy of this letter, we are also requesting a Staff Report�from,the�Ashe ile+Regi nal Of�Ce% .�.� +��. � ��, r:�..��.��`-• by » ,�" .. The reviewer will perform a detailed review and contact you with a request for additional information- if necessary. To ensure the maximum efficiency in processing permit applications, the Division requests -your assistance in providing a timely and complete response to any additional information requests. - - - Please note at this time, processing permit applications can take as long as 60 - 90 days after receipt of a complete application. To check on the status of an application, please visit http://h2o.enr.state.nc.us/bims/ Reports /reportsPermits.html. If you have any questions, please contact Sergei Chernikov at 919-807-6393, or via e-mail at sergei.chernikov@ncdenr.gov. If the reviewer is unavailable, you may leave a message, and they will respond promptly. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. cc: Central Files NPDES File NC0089109 she°`'_°v e RTegional • ffice/Surface Water Protection Sincerely, ' .. ._...-....rx r��cWr-XL�Y,w.i nR�"f�w+.�%. •wv. Dina Sprinkle Point Source Brach F E C E J U L 18 2011 3 ON • 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 t: WATER QUALITY SECTI Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 EP ONAL OFFICE Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 r, Nonh- arehna • :• Internet www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer ?8;• y r msr.:,_, .�. •••••-�{��� .ry 495S STEU©ENVILLE PIKE SUITE 405 PITTSBURGH, PA 1520S j. r'- July 8, 2011 WWW.HORSEHEAD.NET Dr. Sergei Chernikov, Ph.D. North Carolina Department of Environment & Natural Resources Division of Water Quality 512 North Salisbury Street 9th Floor - Archdale Building Raleigh, North Carolina 27604 Dear Dr. Chernikov: 1� Lending the lNorld in Zinc Recycling s=� ,Asa:.�.��,�:k-y:,2�.,•,:.:�,:�.w:.....�.,....,..�....,,_:.�.-.�.. •i 1 F UL 1 8 2011 ER OU "IFY EGTION IL E RF_G'Oi•l_ �___� OFFj E Re: NPDES Permit Application Horsehead Holding Corporation Rutherford County, North Carolina Please find enclosed three .(3) copies of an Application for an NPDES Permit for an industrial discharge to. the Broad River 'south of Forest City, North Carolina. Also enclosed are three (3) copies of the Engineering Alternatives Analysis, and a check for the application fee of $860.00. Please note that all application information should be considered Business Confidential. The flow and projected effluent values are based on projections from engineering documents fiom the process design firm developing the facility plans. There is no operational data available as no similar facilities exist. The application provides a summary of expected effluent quality and -a review of the assimilative capacity of the receiving stream. Requested limits are based on the fact that the projected effluent is based on a mass balance calculation and not on actual effluent measurements. Due to ahe potential variability in the effluent, the Company is requesting a wasteload allocation based on a .limited portion of the Broad River's ability to accept the. discharge. Effluent :guidelines for this type facility do not .exist and based on the characteristics of the receiving stream, the discharge of this wastewater at the requested limits will provide protection. of the River. 6Y 9 ^ I I JUL 12 2011 SOURCE 01RZ Ir:u N Dr. $ergei Cherhikov July 8, 2011 Page 2 Thanks for your assistance on this important project. If you have any questions please don't hesitate to contact me or our engineer David Honeycutt at 828-252-0575 or email at david.honeycutta-mcgillengineers.com. Sincerely, Darin Cooper Project Manager HORSEHEAD CORPORATION Encl. cc: Tim Basilone, Horsehead Corporation Tom Belnick, Division of Water Quality, David Honeycutt, PE, McGill Associates, P.A. Fotrest Westall, PE, McGill Associates, P.A. NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27609-1617 NPDES Permit Number INCOO piv 9 Please print or type. . 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Horsehead Holding Corporation Rutherford County Production Facility 4955 Steubenville Pike, Suite 405 Pittsburgh Pennsylvania 15205 724.773.2223 412.788.4526 dcooper@horsehead.net 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road New site, see attached information for location City Forest City State / Zip Code North Carolina County Rutherford 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Horsehead Holding Corporation Mailing Address 4955 Steubenville Pike, Suite 405 City Pittsburgh U Y {� State /Zip Code Pennsylvania 15205 fll nnae I Telephone Number 724.773.2223 E+ LU Fax Number 412.788.4526 - _'DEN .. _ _ 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ Page 1 of 5 C-MI 10108 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 3341 6. Number of employees: Approx. 250 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. Wastewater is generated during the zinc production processes including leaching, extraction, stripping and electowinning. The. series of technologies used to produce zinc from this proposed facility provides a high degree of metals removal from the wastewater stream, resulting' in a discharge with low levels of contamination as compared to more traditional production facilities. Because of the extensive efforts to remove all metals from the process flow' stream, the process itself provides a high degree of treatment. The effluent from these processes can be characterized as a clear brine solution. 8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: SHG Zinc Principal raw material(s) consumed: Zinc Oxide . Briefly describe. the manufacturing process(es): The process consists of Waelz Oxide leaching, extraction, stripping, and then electrowinning. Additional process description and, the water balance information on how the facility will be operated is included in other attachments. This facility will constitute the application of several technologies that will allow zinc metal to .be captured from other- metal production facilities. As noted in the attached EAA, the technologies and the configuration of the plant is considered business confidential information. Page 2 of 5 C;MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed /T.icf enon;Fin fy rmmfc nnnct)mori nnrl/nr imifs nfnrnrh)etinn M)F}r fl ,- lnRf thnao 1)P.nrR) Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed AVERAGE PEA per Day per Month Zinc Oxide- 232,000 Short Tons per Year Consumed, Galvanizers. Skimmings 26,500 Short Tons 11. Frequency of discharge: Continuous If intermittent: Days per week discharge occurs: Intermittent ❑ Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average Utility water, etc. - monthly average Process'water - monthly average 620,000 (includes other process -related wastewaters as described in the attached application. materials) Stormwater - monthly average Other - monthly average Explain: Monthly Average 620,000 total discharge (all types) 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitudes Broad River Page 3 of 5. C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. -15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab azmples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize the ast 3 years of e went data. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) N/A Chemical Oxygen Demand (COD) N/A Total Organic Carbon N/A Total Suspended Solids 50* Ammonia as N N/A Temperature (Summer) 45* 35-45* degrees C Temperature (Winter) 45* 35-45* degrees C pH 9* 6-9* Fecal Coliform (If sanitary waste is present) N/A Total Residual Chlorine (if chlorine is used) N/A *-- Projected values, facility is proposed and actual data is not available. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicabler Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NESHAPS (CAA) Ocean Dumping (MPRSA) NPDES X Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Application package includes base information on the expected effluent from the facility. Page 4 of 6 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No 10. Applicant Certification I-bertify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. FAQin1 coor.SZ �2os�c-C _ t tgaac�clZ Printed name of Person Signing Title ignature of Appli t Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under -Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to,exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides" a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 5 C-MI 10108 Pat McCrory Governor October 15, 2014 ©� [POLES NCDENR North Carolina Department of Environment and Natural Resources John E. Skvarla, III Secretary Jim Harris Horsehead Holding Corporation Horsehead Metal Products Inc. V 484 Hicks Grove Rd Mooresboro, NC 28114 SUBJECT: Compliance Evaluation Inspection Rutherford County Production Facility Permit No: NCO089109 Rutherford County Dear Mr. Harris: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 9/17/2014. The Compliance Evaluation Inspection was conducted by Jeff Menzel and Landon Davidson of the Asheville Regional Office. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist cc: MSC 16.17-Central Files -Basement ' Asheui�l�leFi1e`s� . , Water Quality Regional Operations — Asheville Regional Office 1 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 L Phone: 828-296-4500 FAX: 828-299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity \ Affirmative Action Employer G:\WR\WQ\Rutherford\Wastewater\IndustriaNHorsehead 891090109 CEI 2014.doc United States Environmental Protection Agency Form Approved. EPA Washington, D.C.20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code •NPDES ydmo/day Inspection Type Inspector Fac Type 1 IN 1 2 IS I 3 I NC0089109 I11 12 14/09/17 17 181r.1 " 19 I � j 20 U 211 1• I I III 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 11 1 11 1 1 r6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- Reserved ------- 67 72 L73. LJ74 75 1 1 1 1 j_U80 70 LJI 71 itJ Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) ' 10:OOAM 14/09/17 14/01/01 Rutherford County Production Facility Exit Time/Date Permit Expiration Date 484 Hicks Grove Rd 12:30PM 14/09/17 18/07/31 Mooresboro NC 28114 Name(s) of Onsite Representative(s)/Titles(s)/Phone"and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Jim Harris, Horsehead Metal Products Inc Mooresboro NC Yes 28114//828-748-5283/8282458931 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Flow Measurement Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary'of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(i) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 1 31 NCO089109 I11 12 14/09/17 j 17 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The intent of this inspection was to evaluate the facility's sampling protocol. Analytical results and DMRs.were reviewed for consistency and found to be accurate. The composite sampling program was reviewed and was found to be in compliance with permit conditions. No violations of permit conditions or applicable regulations were observed during this inspection. Other observations made during the inspection include several containment areas where process overflows had occurred. Most of these overflows appeared to have been contained with the exception of the gypsum staging area where some material had been pushed over the containment wall. This area was being cleaned at the time of inspection. Also observed at the outfall was an area which had been eroded during a recent storm event. Regarding the construction storm water pond and the impacted area on the riverbank, a 404 is not required if the repair work is all above the ordinary high water mark. If you are going to remove any sediment below the ordinary high water mark you should contact us and the Army Corps to discuss. Page# Permit: NCO089109 Owner - Facility: Rutherford County Production Facility Inspection Date: 09/17/2014 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available, complete and current? ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ 0 ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain -of -custody complete? - M ❑ ❑ ❑ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? 0 ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ M ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ M ❑ on each shift? Is the ORC visitation log available and current? 0 ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facilityclassification? ❑ ❑ 0 ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ M ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑ Comment: Flow Measurement - Effluent Yes No' NA NE # Is flow meter used for reporting? ❑ ❑ ❑ Is flow meter calibrated annually? ❑ ❑ ❑ Is the flow meter operational? M ❑ ❑ 0 (If units are separated) Does the chart recorder match the flow meter? M ❑ '❑ ❑ Comment: - Effluent Sampling Yes No NA NE Is composite sampling flow proportional? M ❑ ❑ ❑ .Is sample collected below all treatment units? M ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Page# 3 Permit: NCO089109 Inspection Date: 09/17/2014 i Owner - Facility: Rutherford County Production Facility Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the tubing clean? M❑ ❑ ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees 0 ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type 0 ❑ ❑ ❑ representative)? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? N ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? 0 ❑ ❑ ❑ Comment: Page# 4 North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified Mail # 7014 0510 0000 4466 0790 Return Receipt Requested June 22, 2015 Anthony K Staley Horsehead Metal Products LLC 484 Hicks Grove Rd Mooresboro, NC 28114 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143 215.1(a)(6) and NPDES Permit No. NCO089109 Horsehead Metal Products LLC Horsehead Metal Products, LLC Case No. LV-2015-0097 Rutherford County Dear Permittee: � 'LEE Donald R. van der Wart Secretary' This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $909.26 ($750.00 civil penalty + $159.26 enforcement costs) against Horsehead Metal Products LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Horsehead Metal Products LLC for the, month of February 2015. This review has shown the subject faoility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0089109. The violations, which occurred in February 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Horsehead Metal Products LLC violated the terms, conditions or, requirements of NPDES Permit No. NCO089109 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates. the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment . and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Horsehead Metal .Products LLC: 2090 U.S. 70 Highway, Sv<-wwanoa, NC 28778 Phone: 828-296-4500 \ Internet: w,1­.v,ncdenr.gov <http:/hvtivw.ncdenr.gov> An Equal opportunity 1 Affirmative Action Employer -blade in part by recycled paper $750.00 1 of the 1 violations, of 143-215.1(a)(6) and NPDES Permit No.NC0089109, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for CADMIUM. 750.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs $909.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are: (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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental - Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for:an administrative hearing Option 1: Submit payment of the penalty: Payment should be .made directly to the order of the Department of Environment and, Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any, continuing or new violation(s). Please submit payment to the attention of: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2 F- Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement -that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the. civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether'a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response .will provide, details regarding the case. status, directions for payment, 'and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by -the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Re uq est." Both forms should be submitted to -the following. address: NPDES. Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal -office hours. The Office of Administrative Hearings accepts filings, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.; except for official state holidays, The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a fling fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission: You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure, to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell(@,ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc:- WQS Asheville Regional-O-ffice :=Enforce tnem File (w/attachments) NPDES Compliance/Enforcement Unit = Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) , JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0097 County: Rutherford Assessed Party: Horsehead Metal Products LLC Permit No.: NCO089109 Amount Assessed: $909.26 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. § 143B7282.1(c), remission of a civil penalty may be granted �Pnly when one or more of the following five factors apply. Please check each factor that you believe appliesto your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (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); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., 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; (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: 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Horsehead Metal Products LLC �) Horsehead Metal Products, LLC ) PERMIT NO. NCO089109 ) CASE NO. LV-2015-0097 Having been assessed civil penalties totaling $909.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June .22, 2015, 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 day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Horsehead Metal Products LLC CASE NUMBER: LV-2015-0097 PERMIT: NCO089109 FACILITY: Horsehead Metal Products, LLC COUNTY: Rutherford REGION: Asheville Limit Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY .REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $750.00 2-2015 001 Effluent CADMIUM 2/28/15 Monthly ug/I 350 685.30 963 . Monthly Average Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Horsehead Metal / NCO089109 (February 2015 DMR) County: Rutherford Case Number: LV-2015-0097 8 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 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 violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Total Cadmium exceeded the permit limit by 95.78%. 3) Theeffect on ground or surface water quantity or quality.or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; It would also include more operating and maintenance time on site: (This is the third time that Total Cadmium has exceeded the monthly average, so more time should be spent trying to determine the cause.) 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. Ora 2 )— Date G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, NCDENR 06/22/2015 4 MONTHLY EFFLUENT NPDES PERMIT NO. NCO089109 DISCHARGE NO. 1 MONTHR IVQ-Ae)�—YEARIO15 FACILITY NAME: Rorsehead Metal Products, LLC CLASS: N/A COUNTY: Rutherford CERTIFIED LABORATORY (1): Pace Analytical CERTIFICATION NO.: 12 & 40 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC): N/A / GRADE: N/A CERTIFICATION NO.: N/A PERSON(S) COLLECTING SAMPLES ORC PHONE: N/A CHECK BOX IF ORC HAS CHANGED EM NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: LCR-I r ATTN-. CENTRAL FILES x DIVISION OF WATER RESOURCES (Signature of Facility Manager) Date 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00400 00530 0—M 7 32018 -01051 " 01067 01350 01350 01350 Cs ` m B ;. d ae .. 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(C) / Grab (G) Grab Com osite P Composite CompositeComposite Grab Grab Daily Limit 2,143 315.8 4,829 Monthly Limit 0.62 6.0 - 9.0 350 1 315.8 4,386 Fo-1.1(08/OS) r0vifmc- 2"O%4"kv- 03 ' Facility Status: (Please check one of the following) ' All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure .that qualified personnel. properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Required unless submitted electronically) 484 Hicks'Grove Rd., Mooresboro, NC 28114 (828) 919-3135 astaleyC�horsehead.net 7/31/2018 Permittee Address Phone Number e-mail address Permit Expiration Date i ADDITIONAL CERTIFIED LABORATORIES Certified.Laboratory- (2): ETS Lab Certified Laboratory Q). Certified Laboratory (4) Certified Laboratory (5) PARAMETER Certification No. Certification No. Certification No. Certification No. ES Parameter Code assistance maybe obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appfonns. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. 037 x No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. nx ORC On Site?: ORC mustvisitfacility and document visitation of facility as required.per 15A NCAC 8G .0204. xr Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per_.1-5-A.N�Q-AC22B,:05.06(b)(2)(D). Paget. . i 6 1 ' Corrective Action Plan for February 2015 DMR Report Regarding the Monthly Average for. Cadmium 'Limit �Y9 0,�tl�n�f 303A Filtrate Valve found to be not Repaired the valve and this resulted in a significant closing properly although_ position decrease in turbidity and Cd in the effluent. Complete indicated fully closed. • Begin removing Cd from the 302 raw cement • Due to complete by 3/31/15 presses. • Bypass the 304 cemented solution tank for Due to complete by 3/31/15 cleanout. o Requires shutdown for bypass line tie-in o Due to complete by early next week (3/16 thru Precipitated cadmium had built*up 3/20) in several process vessels. o Processing all of solution in tank currently o Due to complete by end of next week (3/16 thru 3/20) o . Operation in bypass while cleanout is o -Due to complete by end 1 ongoing of March 2015 Holes occurred in the 303 press Conduct. trial of new filter bags on 303 press to 'Due to complete by end of May filter bags. reduce flow thru 2015. Depletion carbon filters had Cleanout is complete and filters are back in Complete fouled. service. Solids are accumulating in the CL- A pH_ control project for DC-303 reactors is needed Due to complete by end of March '302 overflow. to control solids. 2015. A flocculant control project is needed to improve Due to complete by end of March Settling issues in CL-302. settling issues in CL-302. 2015: MONITORING REPORT(MR) VIOLATIONS for: Repoli Date: 06/22/15 Page: 1 of 2 PERMIT: NCO089109 FACILITY: Horsehead Metal Products LLC - Horsehead Metal COUNTY: Rutherford REGION: Asheville Products, LLC Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06 _ 2014 001 Effluent Cadmium, Total (as Cd) 06/30/14 Monthly ug/I 350 480 37.1 Monthly Average Proceed to NOV Exceeded 01 _2015 001 Effluent Cadmium, Total (as Cd) ' 01/31/15 Monthly ug/I 35Q 496.6 41.9 Monthly Average Proceed to Exceeded Enforcement Case 02 _ 2015 001 Effluent Cadmium, Total (as Cd) 02/28/15 Monthly ug/I 350 685.25 95.8 Monthly Average Proceed to Exceeded Enforcement Case 08 -2014 001 Effluent pH. 08/18/14 Weekly su 9 9.4 4.4 Daily Maximum No Action, BPJ Exceeded Monitoring Violation MONITORING OUTFALLJ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06 _2014 001 Effluent Aluminum, Total (as Al) 06/30/14 Quarterly u6/1 Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Antimony, Total .(as Sb) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 -2014 001- Effluent Arsenic, Total (as As) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 05 _2014 001 Effluent Cadmium, Total (as Cd) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Chloride (as CI) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Chromium', Total (as Cr) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Cobalt, Total (as Cc) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Copper, Total (as Cu) 06/30/1.4 Quarterly mg/1 Frequency Violation r Proceed to NOD 05_2014 001 Effluent Fluoride, Total (as F) 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD 06 -2014 001 Effluent Fluoride, Total (as F) 06/30/14 Monthly mg/I Frequency Violation Proceed to NOD 06-2014 001 Effluent Iron, Total (as Fe) 06/30/14 Quarterly mg/I. Frequency Violation Proceed to NOD MONITORING REPORT(MR) VIOLATIONS for: Report Date: 06/22/15 Page: 2 of 2 PERMIT: NCO089109 FACILITY: Horsehead Metal Products LLC - Horsehead Metal COUNTY: Rutherford REGION: Asheville Products, LLC Monitoring Violation MONITORING OUTFALU VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION 'PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 05-2014 001 Effluent Lead, Total, (as Pb) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 05-2014 001 Effluent Nickel, Total (as Ni) 05/31/14 - Monthly ug/I Frequency Violation Proceed to NOD ` 06 -2014 001 Effluent Nitrogen, Ammonia Total (as 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD N) - Concentration 05 -2014 001 Effluent Solids, Total Suspended - 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD Concentration 06 -2014 001 Effluent Tin, Total (as Sn) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 05_2014 001 Effluent Turbidity 05/31/14 Monthly ntu Frequency Violation Proceed to NOD 06_2014 001 Effluent Zinc, Total (as Zn) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD r o ^ a 1 ; -�- .- • I m ® A o o F iC3 o f Ir Ia OFFICIAL i mil' Postage $ 0' Certified Fee 0 Postmark Retiim Receipt Fee' Here_ - _._ ......_ miS, (EriBoredment Required)° Restricted Delivery. Fee OM Cj .(Endorsement Required) +: Ln Tofat Postage 8 Fees. .. AnthonyK' Staley O L484 rsehead Metal Products LLC` P- Hicks Grove Road ooresboro, NC 28114 COMPLETE•N POMPLETE THIS SECTIONON DELIVERY ■ Complete itemsl, 2 and;:3 Also complete :A Signature r item 4if Restricfed Del>very >s desiretl X ❑.'Agent ' ■ P_nntayour name and addre"ss on the reverse - - - . so that we can return the card to you M k Addressee ■ Attach th>s card to the back of the mailptece, r B Receive y (Punted Name) C Daterof Delivery y North E na Department of ; s different #Fom item 1 ❑ es"��1; 4.0.0 Environment and"Natural Resources every address below ❑ o `) Division�of Water Resources ! . NCDENR Water Quality Regiona7Operations Section 2090"U.S. Highway70, Swannanoa, NC 28778 Anthnov K_ Stalav is North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified Mail # 7014 0510 0000 4466 0790 Return Receipt Requested June 22, 2015 Anthony K Staley Horsehead Metal Products LLC 484 Hicks Grove Rd Mooresboro, NC 28114 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143 -2 1 S. 1 (a)(6) and NPDES Permit No. NCO089109 Horsehead Metal Products LLC Horsehead Metal Products, LLC Case No. LV-2015-0097 Rutherford County Dear Permittee: r Donald R. van der Vaart, Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $909.26 ($750.00 civil penalty + $159.26 enforcement costs) against Horsehead Metal Products LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Horsehead Metal Products LLC for the month of February 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0089109. The violations, which occurred in February 2015, are summarized in Attachment A to this letter. Based upon the above facts, I , conclude as a matter of law that Horsehead Metal Products LLC violated the terms, conditions or requirements of NPDES Permit No. NCO089109 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates, the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Horsehead Metal Products LLC: 2090 U.S. 70 Highway, Swannanoa, NC 28778 Phone: 828-296-4500 \ Internet: www.ncdenr.go'v <http://w,.+r%v.ncdenr.gov> An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper K 16 $750.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089109, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for CADMIUM. 750.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs $909.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are: (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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 K R 4 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143 B-282.1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 12 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 c If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) 5 h JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0097 County: Rutherford Assessed Party: Horsehead Metal Products LLC Permit No.: NC0089109 Amount Assessed: $909.26 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 apply. 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). (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); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., 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; (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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Horsehead Metal Products LLC ) Horsehead Metal Products, LLC ) PERMIT NO. NCO089109 ) CASE NO. LV-2015-0097 Having been assessed civil penalties totaling $909.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 22, 2015, 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 day of , 20 ADDRESS TELEPHONE 0 SIGNATURE DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Horsehead Metal / NCO089109 (February 2015 DMR) County: Rutherford Case Number: LV-2015-0097 8 ASSESSMENT FACTORS 'As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 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 violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Total Cadmium exceeded the permit limit by 95.78%. 3) The effect on ground or surface water quantity or quality or on air quality, All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; It would also include more, operating and maintenance time on site. (This is the third time that Total Cadmium has exceeded the monthly average, so more time should be spent trying to determine the cause.) 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26.. Date 06122/2015 G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, NCDENR ATTACHMENT A - Horsehead Metal Products LLC CASE NUMBER: LV-2015-0097 r ' PERMIT: NCO089109 FACILITY: Horsehead Metal Products, LLC COUNTY: Rutherford REGION: Asheville Limit Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER, DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $750.00 2-2015 001 Effluent CADMIUM. 2/28/15 Monthly ugh 350 685.30 95.8 Monthly Average Exceeded MONITORING REPORT(MR) VIOLATIONS for: Report Date: 06/22/15 Page: 1 of 2 PERMIT: NCO089109 FACILITY: Horsehead Metal Products LLC - Horsehead Metal COUNTY: Rutherford REGION: Asheville Products, LLC Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06 _ 2014 001 Effluent Cadmium, Total (as Cd) 06/30/14 Monthly ug/I 350 480 37.1 Monthly Average Proceed to NOV Exceeded 01 -2015 001 Effluent Cadmium, Total (as Cd) 01/31/15 Monthly rgll 350 496.6 41.9 Monthly Average Proceed to Exceeded Enforcement Case 02 _ 2015 001 Effluent Cadmium, Total (as Cd) 02/28/15 Monthly ug/I 350 685.25 95.8 Monthly Average Proceed to Exceeded Enforcement Case 08 _2014 001 Effluent pH 08/18/14 Weekly su 9 9.4 4.4 Daily Maximum No Action, BPJ Exceeded Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % 1 REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION* 06 _2014 001 Effluent Aluminum, Total'(as Al) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Antimony, Total (as Sb) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Arsenic, Total (as As) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 05 _2014 001 Effluent Cadmium, -Total (as Cd) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Chloride (as Cl) 06/30/14 Quarterly. mg/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Chromium, Total (as Cr) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Cobalt, Total (as Co) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Copper, Total (as Cu) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD 05 _2014 001 Effluent Fluoride, Total (as F) 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Fluoride, Total (as F) 06/30/14 Monthly mg/I Frequency Violation Proceed to NOD 06 _2014 001 . Effluent Iron, Total (as Fe) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD MONITORING REPORT(MR) VIOLATIONS for: Report Date: 06/22/15 Page: 2 of 2 PERMIT: NCO089109 FACILITY: Horsehead Metal Products LLC - Horsehead Metal COUNTY: Rutherford REGION: Asheville Products, LLC Monitoring Violation - MONITORING OUTFALL/ VIOLATION 'UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 05-2014 001 Effluent Lead, Total (as Pb) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 05-2014 001 Effluent Nickel, Total (as Ni) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 -2014 001 Effluent Nitrogen, Ammonia Total (as 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD N) - Concentration 05 -2014 001 Effluent Solids, Total Suspended - 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD Concentration 06 -2014 001 Effluent Tin, Total (as Sn) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 05-2014 001 Effluent Turbidity 05/31/14 Monthly ntu Frequency Violation Proceed to NOD 06 -2014 001 Effluent Zinc, Total (as Zn) 06/30/14 Quarterly mg/I - Frequency Violation Proceed to NOD 0 MONTHLY EFFLUENT NPDES PERMIT NO. NCO089109 DISCHARGE NO. 1 MONTH � YEAR Z015 FACILITY NAME: Horsehead Metal Products, LLC CLASS: N/A COUNTY: Rutherford CERTIFIED LABORATORY (1): Pace Analytical CERTIFICATION NO.: 12 & 40 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC): N/A / GRADE: N/A CERTIFICATION NO.: N/A PERSON(S) COLLECTING SAMPLES ORC PHONE: N/A CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE x Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES . X DIVISION OF WATER RESOURCES (Signature of Facility Manager) Date 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND C01VIPLETE TO THE BEST OF MY KNOWLEDGE. annsn I no nns30 1 01027 1 32018 1 01051 1 01067 1 01350 1 01350 1 01350 1 1 _ �" �f. Milli l__�mm -0� Fo -1.1 (08/OS) OV AIZ04 k)l - 0 3 / a+�J 40 Z9 167 (00 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 484 Hicks'Grove Permittee Address Certified_Laboratory• (2): Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) Anthony StaJGeneral Manager Wmitur.,Pleaint or type) kov-4. l� i5 e*** Date (Required unless submitted electronically) NC 28114 (828) 919-3135 Phone Number e-mail address ADDITIONAL CERTIFIED LABORATORIES ETS Lab PARAMETER CODES Certification No. Certification No. Certification No. Certification No: 7/31/2018 Permit Expiration Date Parameter Code'assistance may be obtained by calling the NPDES Unit at (919.) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms, Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. 037 x No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. rx ORC On Site?: ORC must visit facility and document visitation of facility as required.per 15A NCAC 8G .0204. xr* Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per-.1�5A.NCAC 2B:0506(b)(2)(D). Page 2. _i Corrective Action Plan for February 2015 DMR Report Regarding the Monthly Average for..Cadmium Limit a +Repaired 303A Filtrate Valve found to be not the 'valve and this resulted in a significant closing properly although position decrease in turbidity and Cd in the -effluent. Complete indicated fully closed. • Begin removing Cd from the 302 raw cement O. Due to complete by 3/31/15 presses. • Bypass the 304 cemented solution tank for o Due to complete by 3/31/15 cleanout. o Requires shutdown for bypass line tie-in o Due to complete by early next week (3/16 thru Precipitated cadmium had built up 3/20) in several process vessels. o Processing all of solution in tank currently o Due to complete by end of next week (3/16 thru 3/20) o Operation in bypass while cleanout is o Due to complete by end ongoing of March 2015 Holes occurred in the 303 press Conduct.trial of new filter bags on 303 press to Due to complete by end of May filter bags. reduce flow thru 2015. Depletion carbon filters had Ceeanout is complete and filters are back in Complete fouled. service. Solids are accumulating in the CL- A pH control project for DC-303 reactors is needed Due to complete by end of March 302 overflow. to control solids. 2015. A flocculant control project is needed to improve Due to complete by end of March Settling issues in CL-302. settling issues in CL-302. 2015. 0 CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 3, 2015 Sent via a -mail Mr. Jim Harris Horsehead Metal Products, LLC 484 Hicks Grove Road Mooresboro, NC 28114 Subject: Remission Request of Civil Penalty Assessment Horsehead Metal Products, LLC WWTP NPDES Permit NCO089109 Case Number LV-2015-0063 Rutherford County Dear Mr. Harris: Donald R, van der Vaart Secretary This letter is to acknowledge your request for remission of the civil -penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 807-6398 or via e-mail at bob.sledge@ncdenr.gov. Sincerely, (11-111" V- Z `Al Bob Sledge, Environmental Specialist Compliance & Expedited Permitting Unit Division of Water Resources cc: Enforcement File w/originals Central Files Wattachments Asheville Regional Office w/attachments 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 91M07-6300 VntemeC www.ncwaterqualIV.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by reoycled paper JUSTfMATIONFOR MWON PMQUEST Case Nu.mber: LV-2015-0063 County: Rutherford Assessed Party; Horseliead Holding Corporation Permit No,; NCO089109 Amount Assessed: $ 09.26 Please use this form when requesting remission of this oivil penalty, You must also eoniplete the "Request For. Remission, Walver of Right to an Adminisoative Bearing, and Stipulation of Facts" forth 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 prooedure for contesting whether the violation(s) mourred or the accuracy of any of the factual statements contained in. the civil penalty assessment document, Pursuant to N,CAS. § 143B-282,1(c), remission of a oivil penalty may be granted only when one or mdre of the following five factors apply. 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 faetU applies (attach additional pages as needed), '(a) one or more of the civil penalty assessment factors in N,C,a,S. 143B 282,1(b) were wrongfully applied to r the detriment ofthe petitioner (the assessment factors m*e listed in the civil penalty assessment dcctnnent); V (b), the violator promptly abated continuing anvlt.omnental damage resulting from the ,violation (to., explain the steps thatyou took to correctfhe violation andpreventfuture oecuerelices); (e) the violation was hnadvetiont or a result of an accident (i.e,, explain wiry the violation was unavoidable or somethingyou could notprevent orprepare for); — (d) tho violator had not been assessed civil penalties for any proviom violations; (e) payment of the civil penalty will lmovent payment for the remaining necessary remedial aotions (4e., explain how payment of the olvll penalty will prevent YOU front performing the activities, necessary to achleve compliance), aff ANA3[10h1. -rAe, Ck . was set ; Vake X oted y W kq"i1 �OlAn� . - O h� , ye.mo ve4 ` be, Ord �Q r-� Y �o.n�'ro�c-Fars W ere-b ?04t ht '1 N +0 onY)I r r t —' 0 fain o,V)� �m�le.r�f,n`�" -�-he, Y (�u i A ance-, N STATE OFNORTFI CAkOLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAXY) ;R OF PUGHT TO AN OF CIVIL PENALTIES AGAINST } A Dymismkriv>; HEARING AND } STIPULA'ITON OF FACTS I[grseltead Holdirig Corporation ) Rutherford County Production Facility } } PERMIT N0. NC0089109 ' ) CASE NO. LV-2015-0063 Having boon assessed civII peualties'totaling W22J for vkatlon(s) as. sat forth in the assessment dooument of the Division of Water Resources dated M y 01, 2015, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an adminlsirative hearing in the above stated anatter 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 Dheetor of the Divislon of Water Resources within thirty (30) days o recex t o t�ie-notccc o assessmeirt; Nv new eviiTenee in-sii ioit a a i6ais iori regCiest will lie allowed a#ier (So) -daps from the receipt ofthe notice of assessment. This the $ �1�1 day of ADDRESS TELEPHONE HORSEHEAD METAL. PRODUCTS, LLC 484 HICKS GROVE ROAD MOORESBORO, NORTH CAROLINA 28114 All of these measures have now been implemented. Sampling results since the implementation of these measures demonstrates that Horsehead has taken prompt and aggressive action to address the prior periodic spikes in cadmium in its effluent. The following summary includes data which will be reported on the April 2015 DMR: M Rr� l 3 L+F."Caj��.nFL+ L 4�]�Jf)'/ 2`�}: '�'U I i+�JoMaximum �rcjrt}j�; (limit — 2,14 The sampling results for March and April clearly demonstrate the effectiveness of actions taken by Horsehead to address cadmium levels in process effluent water in January and February. Y �� Accordingly, Horsehead believes that such actions wafiii a remission o any civTpenalfy the January and February 2015 exceedances. Indeed, the breadth and scope of the corrective action attests to the ongoing efforts to continually assess and improve the facility's processes as needed during the ramp up phase of operations to ensure compliance with all applicable permit requirements. In support of our request for remission of the civil penalty, we are enclosing the Justification for Remission Request and Waiver of Right to an Administrative Hearing and Stipulation of Facts. Horsehead remains committed to full compliance with all regulatory requirements and appreciates the Department's guidance as it continues to work through the technical issues associated with bringing the Mooresboro facility into fall operations. If additional information is needed in support of this request, please contact me or Jim Harris, Environmental Manager at (828) 919-3139. Sincerely, (� Anthony Staley General Manager Enclosures Business Confidential Infoiilnation 2 HORSEHEAD METAL. PRODUCTS, LLC 484 HICKS GROVE ROAD MooREm3oRo, NORTH CAROLINA 28114 extraction/eiectrowinning process for production of Special High Grade ("SHG") zinc metal. Although there are three other facilities outside the country which use this process, the design of the Mooresboro facility is a significant advancement over these earlier facilities and employs equipment and technology not previously used in fitll-scale production at any of those facilities. As such, Horsehead's operating and technical teams, with the support of its technology suppliers, have worked to diagnose issues encountered during start -tip and the continued ramp -tip phase and have continued to make improvements and corrections to both equipment and process solutions during this ramp -up phase at the facility. With each adjustment and improvement to the processes to improve product quality, the operating and technology team must also address any potential impacts to its effluent. Following the exceedance of the inonthly average limit for cadmium in January, Horsehead's operating and technical teams undertook an aggressive and comprehensive investigation to determine the cause of the elevated cadmium level in the process wastewater. During the course of that investigation, the facility continued to experincee_ periodic ss inpire-caa iRumL-levels m t ne process wastewater and again exceeded the monthly average limit for cadmium in February 2015, as reported in the facility's February 2015 DMR. By early March, the Mooresboro facility team had identified several factors that may have contributed to the elevated cadmium in the process wastewater, and began implementing corrective actions tb address them. The following table provides a sunmary of the corrective actions taken and completed. 303A Filtrate Valve found to be Closed and repaired the valve. not closing properly although position indicated fully closed. Precipitated cadmium had built • DC 305 A&B were taken out of service and up in several process vessels. cleaned. • FD 203 was taken out of service and cleaned. • Drained the precipitated cadmium out of FB-304 and put it back In service. Holes occurred in the 303 press Conducted trial of new filter bags on 303 filter bags. press to decrease filter failure and the test was successful. Depletion carbon filters had Cleanout is complete and filters are back in fouled. service. Solids are accumulating in the The flocculent addition system has been CL-302 overflow. optimized and we are seeing better control of solids. Business Confidential Information HORSEHEAD MsTAL PRODUCTS, LLC 484 HlcKs GRovE ROAD MOORESBORO, NORTH CAROLINA 28114 May 28, 2015 VIA ELECTRONIC MAIL AND U.S. MAIL NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations NCDENR Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Re: May 1, 2015 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit No, NCO089109 Horsehead Holding Corporation, Rutherford County Production Facility Case No. LV-2015-0063, Rutherford County; and May 13, 2015 Notice of Violation and Recommendation for Enforcement; Tracking #: NOV-2015-LV-0312 Dear Sir and/or Madam: On May 4, 2015, Horsehead received the above -referenced May 1, 2015 Notice of Violation and Assessment of Civil Penalty ("May 1, 2015 NOV/Civil Penalty") related to an exceedance of the monthly average limit for cadmium as reported on the January 2015 DMR. Additionally, on May 18, 2015, Horsehead received the above -referenced May 13, 2015 Notice of Violation and Recommendation for Enforcement related to an exceedance of the monthly average limit for cadmium as reported on the February 2015 DMR. As a preliminary matter, the May 1, 2015 NOV/Penalty Assessment and the May 13, 2015: NOV are directed to Horsehead Holding Corporation; however, NPDES Permit No. NCO089109 was initially issued to Horsehead Metal Products Inc., and a request that the permit be transferred to a related entity, Horsehead Metal Products, LLC, was submitted to the Department on September 30, 2014. Accordingly, please confirm and revise the Department's record to reflect the correct permittee. For the reasons set forth below, Horsehead requests remission of the civil penalty in the May 1, 2015 NOV/Penalty Assessment pursuant to N.C.G.S. § 143B-282.1(c). Additionally, Horsehead submits the information below as the written response to the May 13, 2015 NOV. Horsehead began limited production operations at the Mooresboro facility in May of 2014. The Mooresboro production facility is the fast facility in the United Stated using a state-of-the-art ,;antwell, Janet From: Sledge, Bob Sent:' Wednesday, June 03, 2015 12:14 PM To: Cantwell, Janet Subject: Remision Request - Horsehead Metals Attachments: LV-2015-0063 Rem Req.pdf Hi Janet, This remission request came to us via email, so you may have already received a copy. I hope all is going well up there. If I don't see you before, I'll see you at the meeting in Morganton on the 25tn :.. Bob Sledge Environmental Specialist Compliance & Expedited Permits Unit NC Division of Water Resources bob.sledge cr,ncdenr.gov (919) 807-6398 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 4L 4[4 ftiIRA _J F NCDENR sL- M North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor- Secretary May 13, 2015. CERTIFIED MAIL - RETURN RECEIPT REQUESTED.. 7014 0510 0000.4466 6767 Mr. Anthony K. Staley Horsehead Holding Corporation Rutherford County Production Facility 484 Hicks Grove Road Mooresboro, North Carolina 28114 Subject: Notice'of Violation and Recommendation for Enforcement Tracking #: NOV-2015-LV-0312 Rutherford County Production Facility NPDES Permit No. NCO089109 Rutherford County Dear Mr. Staley: A review of the February 201-5 self -monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/28/2015 001 Cadmium, Total a 685.25 µg/L 350 µg/L A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina. General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0089109. Pursuant to G.S. 143-215.6A, a civil penalty.,of not more than twenty-five thousand dollars ($25,000.00)-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. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the February 2015 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations — Asheville Regional Office, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Mr. Anthony K. Staley -� May 13, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information.' .If you have questions concerning this -matter, pleas.6 do not hesitate to contact Janet Cantwell or - - me at 828/296-4500. Sincerely,. G. Landon Davidson, P.G., Regional Supervisor. Water Quality Regional Operations, NCDENR Asheville Regional Office cc � � � WQ Asheville'Fles MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch G.i1VR\1VO',RutherfordiWasteWaterilndustriaPHorxhcad 3910.91NOV-1,RE-201i-LV-Q3lZdoc 1 • a In NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED May 13, 2015 7014 0510 0000 4466 5757 Mr. Anthony K. Staley Horsehead Holding Corporation Rutherford County Production Facility 484 Hicks Grove Road Mooresboro, North Carolina 28114 Dear Mr. Staley: Donald R. van der Vaart Secretary Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-LV-0312 Rutherford County Production Facility NPDES Permit No. NCO089109 Rutherford County A review of the February 2015 self -monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/28/2015 001 Cadmium, Total 685.25 µg/L 350 µg/L ,A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0089109. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the February 2015 Discharge Monitoring Report. You.will then be notified of any civil penalties that may be assessed regarding the violations. If no response is "received in this Office within the 107day period, a civil penalty assessment may be prepared. Water Quality Regional Operations —Asheville Regional Office 2090 U.S, Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/webtwq An Equal Opportunity/ Affirmative Action Employer Mr. Anthony K. Staley May 13, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files, MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch G ;�VR\\uQRuthe tbrdlW. vtewaterUndustrial`kiorsehead 39109NOV-1NRG-2015-LV-0312 doc HOER North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified. Mail # 7014 0510 0000 4466 0622 Return Receiut Reauested May 01, 2015 Anthony K Staley Horsehead Holding Corporation 484 Hicks Grove Rd Mooresboro, NC 28114 SUBJECT: Notice of Violation and Assessment of Civil Penalty for, Violations of North Carolina General Statute (G.S.) 143-21.5.l(a)(6) and NPDES Permit No. NCO089109 Horsehead Holding Corporation Rutherford County Production Facility Case No. LV-2015-0063 Rutherford County. Dear Permittee: Donald R. van der Vaart Secretary This'letter transmits a Notice of Violation and assessment of civil penalty in the amount of $909.26 ($750.00 civil penalty + $159.26 enforcement costs) against Horsehead Holding Corporation. This assessment is based upon the following, facts: a review has been conducted of the discharge monitoring report (DMR) submitted -by Horsehead' Holding Corporation for the month of January 2015. This review has shown the . subject facility to be in violation of the (discharge limitations and/or, monitoring requirements found in NPDES Permit No. NC0089109: The violations, which occurred in January 2015, are summarized in Attachment A to this letter. Based upon the above. facts, I conclude as a matter of law that Horsehead Holding Corporation violated the terms, conditions or. requirements ,of NPDES Permit No. NC0089109 and .G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be. assessed against any person .who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director' of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Horsehead Holding Corporation: 2090 U.S. 70 Mglnvay, Swannanoa, NC 28778 Phone: 828-296�4500 \ Internet.. N" w.ncdenr.gov <http://Nvww.ncdenr.gov> An Equal Opportunity \ A&miativve Action Employer -blade in part by recycled paper J $750.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089109, by. discharging waste water into the waters, of the State in violation of the Permit Monthly Average for CADMIUM. 750.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs $909.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining"the amount of the penalty I have taken into account the _Findings of Fact and Conclusions of Law and the factors set forth at G. S. 143B-282.1(b), which are: (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 violation; (2) " The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the'Environmental Management Commission has regulatory authority; and: (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a writterr request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty; Payment should be made directly to the :order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: NPDES Complianae/Enforcernerit Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 t Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please -he aware that a request for'remission is limited to consideration of the five.factors listed below asthey 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing. and. a stipulation and .agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why --you believe -the civil penalty should -be -remitted, and -submit it to. the Division of Water Resources at the address listed below. In determining whether a remission request.will be approved; the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner;' (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that: the Committee cannot, consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty QQ) days of receipt of'this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Reauest." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1.617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the -Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by _an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee. is required by NCGS § 150B-23.2) is -received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case -number (as found on page one of this; letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be' assessed for violations that occur after the review period of this assessment. 4 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, "Regional Supervisor Water QualityRegiorial Operations Section -Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc: WQS-AshevilleRegio lan Office EnforcemenVF'i1=e (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REOUEST Case Number: LV-2015-0063 County: Rutherford Assessed Party: Horsehead Holding Corporation _- Permit No.: NC0089109 Amount Assessed: $909.26 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 folloking five `fa o'r- s"'app'ly. 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). (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); (b) the violator promptly abated continuing environmental damage resulting from the _violation (i.e., explain the steps that you took to correct the violation and prevent future o'ccurrences); (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; (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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN. OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION, OF FACTS Horsehead Holding Corporation ) Rutherford County Production Facility ) PERMIT NO. NCO089109 ) CASE NO. LV-2015-0063 Having been assessed civil penalties totaling $009.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 01, 20151 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 areas 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 day .of ,.20 SIGNATURE ADDRESS TELEPHONE l ATTACHMENT A Horsehea_d Holding Corporation, CASE NUMBER: LV-2015-0063 PERMIT: NCO089109 FACILITY: Rutherford County Production Facility COUNTY: Rutherford REGION: Asheville Limit Violations MONITORING OUTFALL I . VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $750.00 1-2015 001 Effluent CADMIUM 1131/15 Monthly ug/I 350 496.60 41.9 Monthly Average Exceeded L MONTHLY EFFLUENT. FEB I a. R NPDES PERMIT NO. NCO089109 DISCHARGE NO. I MONT",%t,- YEAZ— FACILITY NAME: Horsehead Metal Products, LLC CLASS: N/A COUNTY: Rutherford, CERTIFIED LABORATORY (1): Pace Analytical CERTIFICATION NO.: 12 & 40 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE ESPONSIBLE CHARGE. (OR ): N/A GRADE: NIA CERTIFICATION NO.: N/A PERSON(S) COLLECTING SAMPL ORC PHONE: N/A NO FLOW DISCHARGE FROM SITE CHECK BOX IF-ORC HAS 0 GED Og C ON :)p Mail ORIGINAL and, 0 p Jo: Fe,6 10nfz015 ATTN: CENTRAL F11XV x 0. DIVISION OF WATER 11010. 1W (Signature ofTacility Manager) Date 1617 MAIL SERVICE CENTER- BY THIS SIGNATURE, I CERTIFY THA THIS REPORT IS RALEIGHj NC 27699-1611 ACCURATE AND COMPLETE.TO THE BEST OF MY KNOWLEDGE. 7--N6 28 Y J, . 30 . . . . . !AOR L_ —A - —4!59 Z—� AVERAGE 04 �, "i CRFROINW -IN"XIN'R 1,05 Fft-W-k 1 00, MAXIMUM............ MINIMUM Comp. (C) I Grab (Gj. Grab Composite, Composite Composite, Composite Grab Grab Grab Daily Limit 2,143 1 315.8 4,829 Monthly Limit 350 1 315.8 4,386 I I S� Form1.1 (O8p5) Lv- e1411-15r> z v- Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements ; Noncompliant The.permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the. permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made'as required by Part H.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons -directly'. responsible for gathering the information, the. information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." c Permittee leoqe print gf type) LA �K'� Si e o ermitte . * Date (Required.unless submitted electronically) 484 Hicks Grove Rd., Mooresboro, NC 281.14 (828)-919-3.135 . astaley0horsehead.net 7/31/2018 Permittee Address Phone Number a=mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2): ETS Lab Certification No. 037 Certified Laboratory (3) - . Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807=6300! or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all. of the parameters on the DMR for the.entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other.than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Page 2 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Horsehead Holding Corporation / NCO089109 (January 2015 DMR) County: Rutherford Case Number: LV-2015-0063 8 ASSESSMENT FACTORS As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. '143B-282.1(b), which are: 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 violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Cadmium exceeded the permit limit by 41.88%. s- 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; „ The cost is unknown. 5) The amount of money saved by noncompliance; It would include more operating and maintenance time. 6) Whether the violation was committed willfully or intentionally; It does not'appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has -regulatory authority; and There have been no civil penalty enforcements in the twelvemonths prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. dc Date G: Landon Davidson, Regional Supervisor Water Quality Regional Operations Section 05/01/2015 Asheville Regional Office, NCDENR MONITORING REPORT(MR) VIOLATIONS for: Report Date: 05/01/15 Page: 1 of 2 PERMIT: NCO089109 FACILITY: Horsehead Holding Corporation - Rutherford County COUNTY: Rutherford REGION: Asheville Production Facility Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06 _ 2014 001 Effluent Cadmium, Total (as Cd) 06/30/14 Monthly ug/I 350 480 37.1 Monthly Average Proceed to NOV Exceeded 01 _2015 001 Effluent Cadmium, Total (as Cd) 01/31/15 Monthly ug/I 350 496.6 41.9 Monthly Average Proceed to Exceeded Enforcement Case 02 _ 2015 001 Effluent Cadmium, Total (as Cd) 02/28/15 Monthly ug/I 350 685.25 95.8 Monthly Average None Exceeded 08 _ 2014 001 Effluent pH 08/18/14 Weekly su 9 9.4 4.4 Daily Maximum No Action, BPJ Exceeded r' Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06 _ 2014 001 Effluent Aluminum, Total (as Al) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Antimony, Total (as Sb) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Arsenic, Total (as As) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 05=2014 001 Effluent Cadmium, Total (as Cd) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Chloride (as CI) 06/30/14 Quarterly mg/l Frequency Violation Proceed to NOD 06 _2014 001 Effluent Chromium, Total (as Cr) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Cobalt, Total (as Co) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06_2014 001 Effluent Copper, Total (as Cu) 06/30/14 Quarterly mg/I a Frequency Violation Proceed to NOD ' 05 _ 2014 001 Effluent Fluoride, Total (as F) 05/31/14. Monthly mg/I ' Frequency Violation Proceed to NOD 06 _2014 001 Effluent Fluoride, Total (as F) 06/30/14 Monthly mg/I Frequency Violation Proceed to NOD O6 _2014 001 Effluent Iron, Total (as Fe) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD MONITORING REPORT(MR) VIOLATIONS for: Report Date: 05/01/15 Page: 2 of 2 PERMIT: NCO089109 FACILITY: Horsehead Holding Corporation - Rutherford County COUNTY: Rutherford REGION: Asheville Production Facility Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % ` REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 05-2014 001 Effluent Lead, Total (as Pb) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 05-2014 001 Effluent Nickel, Total (as Ni) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 -2014 001 Effluent Nitrogen, Ammonia Total (as 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD N) - Concentration 05 -2014 001 Effluent Solids, Total Suspended - 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD Concentration 06 -2014 001 Effluent Tin, Total (as Sn) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 05-2014 001 Effluent Turbidity 05/31/14 Monthly ntu Frequency Violation Proceed to NOD 06 -2014 001 Effluent Zinc, Total (as Zn) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD NoV-1vAe- 1 imitVftllation's tutiznitaririovimmions° ` Rettartino'Vioiations OfherViaiations. Fte1p Firtts� �anset 0 L9mitifialation:fourtdIlReadv IISID:,VLLP 0 North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified Mail # 7014 0510 0000 4466 0622 Return Receipt Requested May 01, 2015 Anthony K Staley Horsehead Holding Corporation 484 Hicks Grove Rd Mooresboro, NC 28114 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit No. NCO089109 Horsehead Holding Corporation Rutherford County Production Facility Case No. LV-2015-0063 Rutherford County Dear Permittee: Donald R van der Vaart Secretary This letter transmits a Notice. of Violation and assessment of civil penalty in the amount of $909.26 ($750.00 civil penalty + $159.26 enforcement costs) against Horsehead Holding Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Horsehead Holding Corporation for the month of January 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0089109. The violations, which occurred in January 2015, are summarized in Attachment A to this letter. Based upon the above facts, - I conclude as a matter of law that Horsehead Holding' Corporation violated the terms, conditions or requirements of NPDES Permit No. NCO089109 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources' and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Horsehead Holding Corporation: 2090 U.S. 70 Highway, Swannanoa, NC 28778 Phone: 828-296-4500 \ Internet: www.nederingov <http://w�vw.ncdenr.gov> An Equal Opportunity \ Affirmative Action Employer- N'tade in part by recycled paper $750.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089109, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for CADMIUM. 750.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs $909.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water.Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center " Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REOUEST Case Number: LV-2015-0063 , County: Rutherford Assessed Party: Horsehead Holding Corporation Permit No.: NC0089109 Amount Assessed: $909.26 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 apply. 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). (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); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., 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; (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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Horsehead Holding Corporation ) Rutherford County Production Facility ) PERMIT NO. NCO089109 ) CASE NO. LV-2015-0063 Having been assessed civil penalties totaling $909.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 01, 2015, 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 day of , 20 SIGNATURE ADDRESS TELEPHONE DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Horsehead Holding Corporation / NCO089109 (January 2015 DMR) County: Rutherford Case Number: LV-2015-0063 8 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 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 violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Cadmium exceeded the permit limit by 41.88%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations maybe detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; It would include more operating and maintenance time. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of. the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory'authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. Date 05/01/2015 G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, NCDENR MONITORING REPORT(MR) VIOLATIONS for: Report Date:. 05/01/15 Page: 1 of 2 PERMIT: NCO089109 FACILITY: Horsehead Holding Corporation - Rutherford County COUNTY: Rutherford REGION: Asheville Production Facility - Limit Violation MONITORING OUTFALIJ LOCATION VIOLATION UNIT OF CALCULATED % REPORT PPI . PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06-2014 001 Effluent Cadmium, Total (as Cd) 06/30/14 Monthly ug/I 350 480 37.1 Monthly Average Proceed to NOV Exceeded 01 -2015 001 Effluent Cadmium, Total (as Cd) 01/31/15 Monthly ug/I 350 496.6 41.9 Monthly Average Proceed to Exceeded Enforcement Case 02-2015- 001 Effluent Cadmium, Total (as Cd) 02/28/15 Monthly ug/I 350 685.25 95.8 Monthly Average None Exceeded 08 _ 2014 001 Effluent pH 08/18/14 Weekly su 9 9.4 4.4 Daily Maximum No Action, BPJ Exceeded Monitoring Violation MONITORING OUTFALL/ REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE CALCULATED % LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06-2014 001 Effluent Aluminum, Total (as Al) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06-2014 001 Effluent Antimony, Total (as Sb) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Arsenic, Total (as As) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 05-2014 001 Effluent Cadmium, Total (as Cd) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06-2014 001 Effluent Chloride (as Cl) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD 06 _201.4 001 Effluent Chromium, Total (as Cr) 06/30/14 Quarterly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Cobalt, Total (as Cc) 06/30/14 Quarterly ug/1 Frequency Violation Proceed to NOD 06 _ 2014 . 001 Effluent Copper, Total (as Cu) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD 05 _2014 001 Effluent Fluoride, Total (as F) 05/31/14 Monthly mg/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Fluoride, Total (as F) 06/30/14 Monthly mg/I Frequency Violation Proceed to NOD 06 _2014 001 Effluent Iron, Total (as Fe) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD MONITORING REPORT(MR) VIOLATIONS for: Report Date: 05/01/15 . Page: 2 of 2 PERMIT: NCO089109 FACILITY: Horsehead Holding Corporation - Rutherford County COUNTY: Rutherford REGION: Asheville Production Facility Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %' REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 05-2014 001 Effluent Lead, Total (as Pb) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 05-2014 001 Effluent Nickel, Total (as Ni) 05/31/14 Monthly ug/I Frequency Violation Proceed to NOD 06 _ 2014 001 Effluent Nitrogen, Ammonia Total (as 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD 05-2014 001 Effluent 06-2014 001 Effluent 05-2014 001 Effluent 06_2614 001 Effluent N) - Concentration Solids, Total Suspended - 05/31/14 Monthly Concentration Tin, Total (as Sn) 06/30/14 Quarterly Turbidity 05/31/14 Monthly Zinc, Total (as Zn) 06/30/14 Quarterly mg/I Frequency Violation Proceed to NOD ug/I Frequency Violation Proceed to NOD ntu Frequency,Violation Proceed to NOD mg/I Frequency Violation Proceed to NOD MONTHLY EFFLUENT. FEB 1 .3 2015 NPDES PERMIT NO. NCO089109 DISCHARGE NO. I MONT -YEAR COUNTY: : , FACILITY NAME: Horsehead Metal Products, LLC CLASS: N/A t�ZRttherford CERTIFIEDLABORATORY (1): Pace Analytical CERTIFICATION NO.: 12 & 40 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (OR N/A GRADE: N/A CERTIFICATION NO.: N/A PERSON(S) COLLECTING SANTI ORC PHONE: N/A CHECK BOX IF ORC HAS AGED No FLOW DISCHARGE FROM SITE *E= 0 C Mail ORIGINAL and. Og 0 :)P PV to: ATTN: CENTRAL FHX CE) x 0. r W015 - (S—igriatge-of-ra—cility Manager) Date DIVISION OF WATElt I&VO ry 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THI THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. T50050 00400 E FLOW EFF 11 0 P U3 06 0 0 II Emil= EMOMIMMMUMMMMMM 30 3 ev ji fif, gi 2�j Nam AVERAGE W.1 ------------ all MAXIMUM y MINIMUM Grab Composite Composite Comp..(C) / Grab (G), Composite Composite Grab Grab Grab Daily Limit 2,143 315.8 4,829 LM ELL im Monthly Limit 0.62 6.0 - 9.0r J7 3510 315.8 4,386 5 Form 1.1 (08P5) -- Ivied Lv-- 0 z 5 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) All monitoring data and sampling frequencies do NOT meet permit requirements Compliant P< - I Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially . threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall. also be provided within 5 days of the. time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a, time -table for improvements to be made'as required by Part H.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all. attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. - I am aware that there are significant penalties for'submitting false information, including the possibility of fines and imprisonment for knowing violations." NTHON\ 9TAL-(*4- Permittee_ leMejrint-type) Fe�. ®>B, Si e o ermitte * t Date (Required unless submitted electronically) 484 Hicks Grove Rd., Mooresboro, NC 28114 (828) 919-3135 . astaley @horsehead.net. 7/31/2018 Permittee Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2): ETS Lab Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807=6300- or by visiting http://portal.ncdenr.org/web/Wq/s wp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. **x Signature of Permittee: If signed by other.than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 213 .0506(b)(2)(D). 037 15 Page 2 ATTACHMENT A Horsehead Holding Corporation CASE NUMBER: LV-2015-0063 PERMIT: NCO089109 FACILITY: Rutherford County Production Facility COUNTY: Rutherford REGION: Asheville Limit Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $750.00 1-2015 001 Effluent CADMIUM 1/31/15 Monthly ug/I 350 496.60 41.9 Monthly Average Exceeded AZ4 i1a NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 17, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 0479 Mr. Anthony K. Staley Horsehead Holding Corporation Rutherford County Production Facility 484 Hicks Grove Road Mooresboro, North Carolina 28114 Dear Mr. Staley: Donald R. van der Vaart Secretary Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-LV-0255 Rutherford County Production Facility NPDES Permit No. NCO089109 Rutherford County A review of the January 2015 self -monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 01/31/2015 001 Cadmium, Total 496.6 µg/ L 350 µg/ L A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0089109. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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.L If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the January 2015 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/weblwq An Equal Opportunityl Affirmative Action Employer Mr. Anthony K. Staley April 17, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch G.`�WW,WO%Rutheiford'WastewaterllndustraliHorsehead 89109\NOV-\RE-701-�-LV-0255.duc Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources December 23, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 0002 1965 7966 Mr. Darin Cooper, Project Manager Horsehead Holding Corporation Rutherford County Production Facility 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 Dear Mr. Cooper: John E Skvarla, III Secretary February 6, 2015 V2 _ Mail Aftemp CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 5744 Anthony Staley Horsehead Metal Products, LLC 484 Hicks Grove Road Mooresboro, NC 28114 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2014-LV-0544 Rutherford County Production Facility NPDES Permit No. NCO089109 Rutherford .County A review of the June 2014 self -monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter 'Reported Value Permit Limit 06/30/2014 001 Cadmium, Total 480 µg/ 1 350 µg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0089109. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2014 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations —Asheville Regional.Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296.4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Mr. Darin Cooper December 23, 2014 . Page Two Remedial actions; if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc. Q;Ashevill'e-F_iles - - — MSC 1617-Centr9files-Basement WQ Enforcement/ NPDES Point Source Branch O li'RSWQRutherfordSW;utewaterllndustrinfdiorsebead 89I091NOV-NRE= 014-LV-0>44.doc NCDENR I Division of Water Resources Water Quality Regional Operations 2090 U.S. Highway 70 Swannanoa, NC 28778 CERTIFIED MAIL RETURN RECEIPT REQUESTED R �EC E I V fE Division of Water ResourceS JAN 2 6 2015 Water Ouality Regional Operations Asheville Redonal Office Darin Cooper, Project Manager Horsehead Holding Corporation Rutherford ouuu ':WA 0003212337 DEC 2; 201 MAILED FROM ZIP CODE 2877 IS 49SS Steub Pittsburgh, UNCLAXMIED .TNABLEE TO. FORW.ARID .3 C' 2-2-8 7 7 118 Z'—' 19 e 2 B'S 4-- 11-21 79�.— 2 B — 3 9 G"WL7 8211 A11111i Jill p'11111111 1111111111111 .z i SENDER: COMPLFTF THIS .go=rTinAI COMPI FTF THIC-c1=rT1nn1 nnl nci 11MOV ■ Complete items 1, 2, and 3. Also complete A. Signature l item 4 if Restricted Delivery is desired. X ❑ Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B, Received.bv_fPrinted Name) C. Date of Delivery. North Carolina Department of I Environment and Natural Resources Idifferent from item 1? ❑ Yes Alva Division of Water Resources.ery address below: ❑ No Water Quality Regional Operations Section NENR 2090 U.S. Highway 70, Swannanoa, NC 28778 =hC` Darin.Cooper, Project Manager Horsehead Holding Corporation 3. Sele Type Rutherford County Production Facility 4955 Steubenville Pike, Suite 405 ertified Mail® ❑ ,Priority Mail Ekpress- '� Pittsburgh, PA 15205 Registered A Return Receipt for Merchandise 0-Insured Mail - LJ-Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7012 1010 0002 1965 7956 A-(0 0 L V,0�-i�/ 1 it i j i �PS° tFormi3811j,�Jul 2U13j g ( ( QorpesticZReturn Receipt u Pat McCrory Governor LA NC®ENR North Carolina Department of Environment and Natural Resources December 23, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 0002 1965 7956 Mr. Darin Cooper, Project Manager Horsehead Holding Corporation Rutherford County Production Facility 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2014-LV-0544 Rutherford County Production Facility NPDES Permit No. NCO089109 Rutherford County. Dear Mr. Cooper: John E Skvarla, III Secretary A review of the June 2014 self -monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 06/30/2014 001 Cadmium, Total 480 µg/ 1 350 µg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0089109. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2014 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: hffp:#portal.ncdenr.org/webAvq An Equal Opportunity/ Affirmative Action Employer IN Mr. Darin Cooper December 23, 2014 Page Two Remedial actions; if not already implemented, should be taken to correct any problems. The Division of _ Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or - me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office 4 VUVc: Asheville Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch ' 3 G1,�VRUYQ1Rutharti flVvtewate �lndustriaPdler ehead 891091NOV-NRE-2014-LV-0.i44.doc i ppppp-. ' EFF ARM T.NO. NCO089109 DISCHARGE NO. 1 : � s-,CILITY NAME:. Horsehead Metal Products, Inc. JUL2 CERTIFIED -=LABORATORY: (1): Pace Analytical CERTIFICATION NO.: 12 & 40 b OPERATOR ETS Lab.. CERTIFICATION NO:: 037 BARGE.ORC): N/A PERSON(S) COLT C J Tqo, NWLES of t L wc. D Q Form MR-1.1 11/04) 4 . ���t�1'.cf Aro D.. 2� i� 1 n, Wo 3 YEAR q Lk A P ASS: 71 COUNTY: Rutherford GRADE: N/A CERTIFICATION NO.: N/A ORCPHONE: N/A - NO FLOW / DISCHARGE FROM SITE xM Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH,,NC 27699-1617 ML&4 - Printed Name & Sig -nature of Facile q,Manager_ Date 0 OWO .0 01268-- -01001 -7 82209 01A34 1 01037 01038 01042 01045 011.0.2 01092 A05 W - `5 ; iIA-ilkMg, 3 94,144.511c vs 3 # "I Q'J= O. W 5" 6, If- RE a PIP 0 45 VWR; V08 S, PM ITU ............ ?Lb Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite Compos, I A attons Enter/Verify Viol„�a b imit'otator�s tutaniorinlr"rolaYr" ons epoitin4Violaiions, Oiher'►Ziola�ona,°' , i Permit NCO089109 Details.,. SOC- AD:. Qeia is ,,, Monitoring Report 06-20°!4 o,etails... Facility Rutherford a[rnty Production Facitii� Details...- Region; shernile County Ruth`ertord Owner. Horsehead Hotding Corporation 141aintarn .: incident: Details , inspect: Dt C?etai9s,.. R` Facility,ReportedAs: 0 Compliant f_} Non -Compliant t•r Not Reported My is signed ReportTYpe: DMR �g�� �OV' ZON `v- o� NCDENR E L M North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor . Secretary April 17, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 051.0 0000 4466 0479 Mr. Anthony K. Staley Horsehead Holding Corporation Rutherford County, Production Facility 484 Hicks Grove Road Mooresboro,. �T6rth Carolina 28114 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-LV-0255 Rutherford -County Production Facility NPDES Permit No. NCO089109 Rutherford County Dear Mr. Staley: .4� A review of the January 2015 self -monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 01/31/2015 001 Cadmium, Total 496.6 µg/ L - 350 µg/ L A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G:S.) 143-215.1 and NPDES Permit No. NC0089109. Pursuant to-G.S. 143-215.6A,-.a civil penalty of not more than twenty-five thousand dollars ($25,000...00) 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. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review 6f your response will be considered along with any information provided on the January 2015 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office. within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296A500 FAX: (828) 299-7043 Internet: http://po0al.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Mr. Anthony K. Staley April 17, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, C G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc:VWQ-:Ashevi-lle Files—` MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch C:\\V24WQ1Rutheiturd'%lVmtawarer\lndustriaP,Horsehead 89109;NOV-NRE-2015-LV-0255.doe Enter/VerifyVolations ..t'c- - �- LirnitViolaiions; t€oitoringViolatioils v ReportingUiolatians ` btherviolations;.:' - .. ��Permit NC0089109 Details .: SOC: AD: Gztailti._. Monitoring Report 09-2015 Details .. LL . _ rr , Facllity Rutherford County Production Facrlity Details Region: sheville � County Rutherford, ! ; _ Owner. lHorseheadHoldingCorporation.—] Maintain.., Incident Detasis..,n lnspect,Dt°� aetaifs... Facility Reported As� Compliant• O Non -Compliant O NotReported [jr Is signed Report Type; 'DMR ]F -7. 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Sent from my Windows Phone From: Harris James Sent: 4/24/2015 5:00 PM To: Davidson, Landon Cc: Menzel, Jeff; Howell Charles Subject: RE: Response Letter to June 2014 NOV Landon, I received the NOV letter for the cadmium exceedance identified on our January 2015 DMR report. Do I need to send a response letter to you on this exceedance? The reason I am asking, I attached a corrective action plan to our February 2015 DMR report that identifies what we have done to address the cause of the problem. In addition, we reported a similar cadmium exceedance in February 2015. Thanks, Jim Harris I Environmental Manager Horsehead Metal Products Inc. 484 Hicks Grove Road, Mooresboro I North Carolina 28114 C: 828-748-5283 1 P: 828-919-3139 jharris@horsehead.net -----Original Message ----- From: Davidson, Landon[mailto:landon.davidson@ncdeiu'.eovl Sent: Tuesday, February 17, 2015 5:29 PM To: Harris James Cc: Menzel, Jeff; Staley Anthony; Howell Charles Subject: RE: Response Letter to June 2014 NOV Thanks Jim. G. Landon Davidson, P.G. NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor - Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 ph.: 828-296-4500 fax: 828-299-7043 email: landon.davidson n.ncdenr.gov website: www.ncwaterqualit.00rg Notice: Per Executive Order No. 150, all emails sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Harris James [maiIto: ihanis@horsehead.net] Sent: Tuesday, February 17, 2015 5:10 PM To: Davidson, Landon Cc: Menzel, Jeff; Staley Anthony; Howell Charles Subject: Response Letter to June 2014 NOV Landon, Attached is a scanned copy of the response letter to the June 2014 NOV for cadmium exceedance in the process water effluent at our Mooresboro Horsehead facility during June 2014. If you have any questions, please advise. Thanks, Jim Harris I Environmental Manager Horsehead Metal Products Inc. 484 Hicks Grove Road, Mooresboro I North Carolina 28114 C: 828-748-5283 1 P: 828-919-3139 jharris(a,horsehead.net -----Original Message ----- From: rthompson [mailto:rthompson e,horsehead.netl Sent: Tuesday, February 17, 2015 4:53 PM To: Harris James Subject: Message from "RNP0026735077FB" This E-mail was sent from "RNP0026735077FB" (Aficio MP C4502). Scan Date: 02.17.2015 16:52:49 (-0500) Queries to: mor copyroom@horseliead.net NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED December 23, 2014 7012 1010 0002 1965 7956 Mr. Darin Cooper, Project Manager Horsehead Holding Corporation Rutherford County Production Facility 4955 Steubenville Pike, Suite 405 Pittsburgh, Pennsylvania 15205 Subject: Notice of Violation and Recommendation for Enforcement Tracking 9: NOV-2014-LV-0544 Rutherford County Production Facility NPDES Permit No. NCO089109 Rutherford County Dear Mr. Cooper: John E Skvarla, III Secretary A review of the June 2014 self -monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 06/30/2014 001 Cadmium, Total 480 µg/ 1 350 µg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0089109. _Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2014 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. . Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/Web/wq An Equal Opportunity/ Affirmative Action Employer Mr. Darin Cooper December 23, 2014 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch G.1\!'R`.1V(? Rutherford\�4'a;teivatzt lnduslrint.11orsehead g91091NOV-NRE-7014-LV-0544.doc NPDES PERMIT NO.: NCO089109 r 4 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 07-2018 (July 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 �JMIT STATUS: Expired �: Rutherford AUG 2 2 O CERT NUMBER: 995491 CENTP,,L FI G DWF? SECT-iM US: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 p F .. C C 00070 Monthly Grab TURBIDTY 2400 clock ntu 1 2 3 4 5 0840 15.7 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly A-.ge Llmil: MonthlyA—ge•. 15.7 Doily Mnimum: 15.7 Daily Minimum: 15.7 •*" No Repo 'ng Reason: ENFRU$E NojFloyv,le,Ise/Recycle; Division tri tNa*er Resources A U G 2 7 2018 �,•r Water Quality Regfonai Operations Asheville R?aional Office = No Visitation —Adverse Weather, NOFLOW = No Flow; HOLIDAY = No Visitation— Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Expired / y FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 07-2018 (July 2018) VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO c _ E o U E ; F` B O 0 f o _ u O a` 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X wk ee Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite 1 FLOW pH NH3-N-Conc TSS - Con, ALUMINUM ANTIMONY A, -TOTAL CADMIUM CHLORIDE 2400 clock Hn 2400 d-k H. Y/B/N mgd su mg/I mg/I ug/l I ug/I ug/I mg/l mg/I I NOFLOW 2 1 0.109 6.88 3 NOFLOW 4 0.108 6.96 5 0830 2400 0.054 7.29 < 0.1 3.5 141 5.5 < 10 0.1 777 6 0.047 6.71 7 NOFLOW 8 NOFLOW 9 0.065 6.8 10 0.013 6.47 11 0.105 7.55 12 0.108 6.43 13 0.058 6.93 14 0.101 7.61 15 0.104 7.71 16 0.098 6.47 17 0.07 6.35 18 0.117 7.23 19 0.103 6.95 20 0.119 17.12 21 0.103 7.72 22 0.119 7.08 23 0.095 7.07 24 0.055 6.44 25 0830 2400 0.117 7.47 3.1 < 0.005 26 0.111 6.55 27 0.114 6.46 28 0.106 6.76 29 0.103 7.01 30 0.113 6.77 31 0.107 6.52 Monthly Avenge Limit: 0.8 0.27 MonthlyAv,mgc: 0.093407 0 13.3 1141 5.5 0 0.05 777 Daily Maximum: 0.119 7.72 0 3.5 141 5.5 0 0.1 777 Daily Minimum: 0.013 6.35 0 3.1 141 15.5 10 10 777 "" No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday It NPDES PERM. I NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 07-2018 (July 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Expired COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) c` v E U E _ a [- E E — O _ O t O VU O a'u C 1 Z 01034 01037 01042 00951 01045 01051 01067 TGP3B 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Co -TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL CERI7DPF TIN TURBHITY ZINC 2400 clock H. 2400 clock H. Y/B/N mg/l ❑g/I mg/l mgft mg/l mg/l ug/I pass/fail ug/l ntu mg/l 1 NOFLOW 2 3 NOFLOW 4 5 0830 2400 <5 <5 <5 8.7 0.0668 0.014 <5 <5 1.1 2.79 6 7 NOFLOW 8 NOFLOW 9 10 11 PASS 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0830 2400 <0.025 <0.025 0.89 26 27 28 29 30 31 Monthly Average Limit: 6.75 243.2 3.37 Monthly Average: 0 0 0 8.7 0.0668 0.007 0 0 1.1 I.84 Bony M=hnum: 0 0 0 8.7 0.0668 0.014 0 0 1.1 2.79 Daily Mint— 0 0 0 8.7 0.0668 0 0 0 1.1 0.89 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation— Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 07-2018 (July 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Expired COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) - C .E o 5 F - _u — F E O O F 0 = o O x Z 2400 clock Hra 2400 clock H. Y/atN 1 NOFLOW 2 3 NOFLOW 4 5 0830 2400 6 7 NOFLOW 8 NOFLOW 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 zs 0830 2400 26 27 28 29 30 31 Monthly Average Limit: Monthly A, c.g.: Daily Maamam: Daily Minimum: "•" No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIIT NO.: NCO089109 V FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 07-2018 (July 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Expired COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 u O f _ E C C Z 00070 Monthly Grab Tt1RBR1TY 2400 clock ntu 2 3 4 5 0840 10.3 ' 6 7 9 10 It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Avenge Limit: Monthly Avenge: 10.3 May Mn:imueo: 10.3 Dailybanle um: 10.3 "••NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation —Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation—Holiday NPDES PERMIT NO.: NCO089109 FACILITY NANIE: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 07-2018 (July 2018) COMPLIANCE STATUS: Compliant PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8289193155 r PERMIT STATUS: Expired J ' COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 08/16/2018 08/13/2018 ORC/Certifier Signature: /ili pearman E-Mail:aspearman@azr.corn Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as.required by part II.E.6 of the NPDES permit. 08/16/2018 Perm ittee/Submitter Signature:*** Robert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Anaytical Services, LLC / ETT Environmental, Inc CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Grant Jones, At Lewis, Keith Morris, Richard Womack PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. . ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). a�eAnalytical www.pacela6s;com July 13, 2018 Aili Spearman American Zinc Recycling 484 Hicks Grove Rd Mooresboro, NC 28114 RE: Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Dear Aili Spearman: Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Enclosed are the analytical results for sample(s) received by the laboratory on July 05, 2018. The results relate only to the samples included in this report. Results reported herein conform to the most current, applicable TNI/NELAC standards and the laboratory's Quality Assurance Manual, where applicable, unless otherwise noted in the body of the report. If you have any questions concerning this report; please feel free to contact me. Sincerely, Chris Derouen christopher.derouen@pacelabs.com (828)254-7176 Project Manager Enclosures cc: Scott Hoenecke, American Zinc Recycling Grant Jones, American Zinc Recycling Kendall Oliphant, American Zinc Recycling RC geORA'�� REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 1 of 17 acmnalytical www.pacelabs;com Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 '0 Huntersville, AC 28078 (704)875-9092 Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Asheville Certification IDs 2225 Riverside Drive, Asheville, NC 28804 Florida/NELAP Certification #: E87648 Massachusetts Certification #: M-NC030 North Carolina Drinking Water Certification #: 37712 CERTIFICATIONS North Carolina Wastewater Certification #: 40 South Carolina Certification #: 99030001 Virginia/VELAP Certification #: 460222 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 2 of 17 acrMnalytical www.pacelatis.com SAMPLE ANALYTE COUNT Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Lab ID Sample ID Method Analysts Analytes Reported Laboratory 92390764001 MONTHLY EFFLUENT EPA 200.7 SH1 12 PASI-A EPA 180.1 RLO 1 PASI-A SM 2540D CEH 1 PASI-A EPA 300.0 CDC 1 PASI-A 92390764002 RIVER DOWNSTREAM EPA 180.1 RLO 1 PASI-A 92390764003 RIVER UPSTREAM EPA 180.1 RLO 1 PASI-A 92390764004 QUARTERLY/MONTHLY EFFLUENT EPA 200.7 SH1 12 PASI-A 92390764005 QUARTERLY EFFLUENT EPA 350.1 1993 Rev 2.0 CJH1 1 PASI-A SM 4500-CI-E MDW 1 PASI-A REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 3 of 17 aceAnalidical www.pacelabseom ANALYTICAL RESULTS Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, AC 28078 (704)875-9092 Sample: MONTHLY EFFLUENT Parameters Lab ID: 92390764001 Collected: 07/05/18 08:50 Results Units Report Limit DF Received: 07/05/18 12:20 Matrix: Water Prepared Analyzed CAS No. Qual 200.7 MET ICP Analytical Method: EPA 200.7 Preparation Method: EPA 200.7 Aluminum 184 ug/L 100 1 07/06/18 04:15 07/07/18 03:29 7429-90-5 Antimony 5.7 ug/L 5.0 1 07/06/18 04:15 07/07/18 03:29 7440-36-0 Arsenic ND ug/L 10.0 1 07/06/18 04:15 07/07/18 03:29 7440-38-2 Cadmium 0.10 mg/L 0.0010 1 07/06/18 04:15 07/07/18 03:29 7440-43-9 Chromium ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:29 7440-47-3 Cobalt ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:29 7440-48-4 Copper ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:29 7440-50-8 Iron 64.2 ug/L 50.0 1 07/06/18 04:15 07/07/18 03:29 7439-89-6 Lead 0.014 mg/L 0.0050 1 07/06/18 04:15 07/07/18 03:29 7439-92-1 Nickel ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:29 7440-02-0 Tin ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:29 7440-31-5 Zinc 2790 ug/L 10.0 1 07/06/18 04:15 07/07/18 03:29 7440-66-6 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 1.1 NTU 1.0 1 07/06/18 02:31 2540D Total Suspended Solids Analytical Method: SM 2540D Total Suspended Solids 3.5 mg/L 3.1 1 07/06/18 12:10 300.0 IC Anions 28 Days Analytical Method: EPA 300.0 Fluoride 8.7 mg/L 0.40 4 07/07/1812:59 16984-48-8 Sample: RIVER DOWNSTREAM Lab ID: 92390764002 Collected: 07/05/18 08:40 Received: 07/05/18 12:20 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 15.7 NTU 1.0 1 07/06/18 02:31 Sample: RIVER UPSTREAM Lab ID: 92390764003 Collected: 07/05/18 08:40 Received: 07/05/18 12:20 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 10.3 NTU 1.0 1 07/06/18 02:31 Sample: QUARTERLY/MONTHLY Lab ID: 92390764004 Collected: 07/05/18 08:50 Received: 07/05/18 12:20 Matrix: Water EFFLUENT Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 200.7 MET ICP Analytical Method: EPA 200.7 Preparation Method: EPA 200.7 Aluminum 141 ug/L 100 1 07/06/18 04:15 07/07/18 03:36 7429-90-5 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 4 of 17 J aceAnaVical www.pacelabscom ANALYTICAL RESULTS Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Sample: QUARTERLY/MONTHLY Lab ID: 92390764004 Collected: 07/05/18 08:50 Received: 07/05/18 12:20 Matrix: Water EFFLUENT Parameters Results Units Report Limit DF Prepared Analyzed CAS No.. Qual 200.7 MET ICP Analytical Method: EPA 200.7 Preparation Method: EPA 200.7 Antimony 5.5 ug/L 5.0 1 07/06/18 04:15 07/07/18 03:36 7440-36-0 Arsenic ND ug/L 10.0 1 07/06/18 04:15 07/07/18 03:36 7440-38-2 Cadmium 0.097 mg/L 0.0010 1 07/06/18 04:15 07/07/18 03:36 7440-43-9 Chromium ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:36 7440-47-3 Cobalt ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:36 7440-48-4 Copper ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:36 7440-50-8 Iron, 66.8 ug/L 50.0 1 07/06/18 04:15 07/07/18 03:36 7439-89-6 Lead 0.015 mg/L 0.0050 1 07/06/18 04:15 07/07/18 03:36 7439-92-1 Nickel ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:36 7440-02-0 Tin ND ug/L 5.0 1 07/06/18 04:15 07/07/18 03:36 7440-31-5 Zinc 2720 ug/L 10.0 1 07/06/18 04:15 07/07/18 03:36 7440-66-6 Sample: QUARTERLY EFFLUENT Lab ID: 92390764005 Collected: 07/05/18 08:50 Received: 07/05/18 12:20 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 350.1 Ammonia Analytical Method: EPA 350.1 1993 Rev 2.0 Nitrogen, Ammonia ND mg/L 0.10 1 07/12/18 12:04 7664-41-7 4500 Chloride Analytical Method: SM 4500-CI-E Chloride 777 mg/L 100 100 07/06/18 22:04 16887-00-6 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 5 of 17 aceAnalylical www.pacelabs.com QUALITY CONTROL DATA Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, IJC 28078 (704)875-9092 QC Batch: 417944 Analysis Method: EPA 200.7 QC Batch Method: EPA 200.7 Analysis Description: 200.7 MET Associated Lab Samples: 92390764001, 92390764004 METHOD BLANK: 2317090 Matrix: Water Associated Lab Samples: 92390764001, 92390764004 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Aluminum ug/L ND 100 .07107/18 02:02 Antimony ug/L ND 5.0 07/07/18 02:02 Arsenic ug/L ND 10.0 07/07/18 02:02 Cadmium mg/L ND 0.0010 07/07/18 02:02 Chromium ug/L ND 5.0 07/07/18 02:02 Cobalt ug/L ND 5.0 07/07/18 02:02 Copper ug/L ND 5.0 07/07/18 02:02 Iron ug/L ND 50.0 07/07/18 02:02 Lead mg/L ND 0.0050 07/07/18 02:02 Nickel ug/L ND 5.0 07/07/18 02:02 Tin ug/L ND 5.0 07/07/18 02:02 Zinc ug/L ND 10.0 07/07/18 02:02 LABORATORY CONTROL SAMPLE: 2317091 Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Aluminum ug/L 5000 5200 104 85-115 Antimony ug/L 500 496 99 85-115 Arsenic ug/L 500 463 93 85-115 Cadmium mg/L .5 0.49 99 85-115 Chromium ug/L 500 508 102 85-115 Cobalt ug/L 500 481 96 85-115 Copper ug/L 500 508 102 85-115 Iron ug/L 5000 5010 100 85-115 Lead mg/L .5 0.47 95 85-115 Nickel ug/L 500 490 98 85-115 Tin ug/L 500 490 98 85-115 Zinc ug/L 500 469 94 85-115 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2317092 2317093 MS MSD 92390329001 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qual Aluminum ug/L ND 5000 5000 5260 5290 105 106 70-130 1 Antimony ug/L 10.7 500 500 520 521 102 102 70-130 0 Arsenic ug/L ND 500 500 475 476 95 95 70-130 0 Cadmium mg/L ND .5 .5 0.51 0.51 101 101 70-130 0 Chromium ug/L ND 500 500 516 517 103 103 70-130 0 Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 6 of 17 0 QD aceAnalytical wwwpacelafis.com QUALITY CONTROL DATA Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Pace Analytical Services, LLC 9800 KinceyAve. Suite 100 Huntersville, NC 28078 (704)875-9092 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2317092 2317093 MS MSD 92390329001 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qua] Cobalt ug/L ND 500 500 491 492 98 98 70-130 0 Copper ug/L 67.8 500 500 593 594 105 105 70-130 0 Iron ug/L 109 5000 5000 5210 5220 102 102 70-130 0 Lead mg/L ND .5 .5 0.48 0.48 95 96 70-130 0 Nickel ug/L ND 500 500 499 499 100 100 70-130 0 Tin ug/L ND 500 500 505 503 101 101 70-130 0 Zinc ug/L 202 500 500 682 679 96 95 70-130 0 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2317094 2317095 MS MSD 92390604001 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qua] Aluminum ug/L ND 5000 5000 5220 5160 103 102 70-130 1 Antimony ug/L ND 500 500 497 494 99 99 70-130 1 Arsenic ug/L ND 500 500 467 464 93 93 70-130 1 Cadmium mg/L ND .5 .5 0.49 0.49 98 97 70-130 1 Chromium ug/L ND 500 500 500 496 100 99 70-130 1 Cobalt ug/L ND 500 500 472 467 94 93 70-130 1 Copper ug/L ND 500 500 505 503 101 100 70-130 0 Iron ug/L ND 5000 5000 4070 400 99 98 70-130 1 Lead mg/L ND .5 .5 0.46 0.46 92 92 70-130 1 Nickel ug/L ND 500 500 479 474 96 95 70-130 1 Tin ug/L ND 500 500 488 484 98 97 70-130 1 Zinc ug/L ND 500 500 465 460 93 92 70-130 1 Results presented on this page are In the units indicated by the "Units" column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 7 of 17 i i aceAnalytical www.pacela6scom I I i I Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 QC Batch: 417940 QC Batch Method: EPA 180.1 Associated Lab Samples: 92390764001, 923901 E QUALITY CONTROL DATA Analysis Method: EPA 180.1 Analysis Description: 180.1 Turbidity 92390764003 METHOD BLANK: 2317078 1 1Matrix: Water Associated Lab Samples: 92390764001, 92390764002, 92390764003 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Turbidity NTU ND 1.0 07/06/18 02:31 Pace Analytical Services, LLC 9800 KinceyAve. Suite 100 Huntersville, NC 28078 (704)875-9092 LABORATORY CONTROL SAMPLE: 2317079 , Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Turbidity NTU 10 10.3 103 90-110 SAMPLE DUPLICATE: 2317080 92390845001 Dup Parameter Units Result Result Turbidity NTU 255 RPD Qualifiers Results presented on this page are in the units indicated by the "Units" column except where an alternate unit Is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 8 of 17 aceAnalyiical www.pacelabs.com Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 QC Batch: 418008 QC Batch Method: SM 2540D Associated Lab Samples: 92390764001 METHOD BLANK: 2317267 Associated Lab Samples: 92390764001 Parameter Units Total Suspended Solids mg/L QUALITY CONTROL DATA Analysis Method: SM 2540D Analysis Description: 2540D Total Suspended Solids Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 2.5 07/06/1812:06 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 LABORATORY CONTROL SAMPLE: 2317268 Spike LCS LCS % Rec Parameter Units Cone. Result % Rec Limits Qualifiers Total Suspended Solids Yng/L 250 248 99 90-110 SAMPLE DUPLICATE: 2317269 92390753001 Dup Parameter . Units Result Result RPD Qualifiers Total Suspended Solids mg/L ND 5.0 SAMPLE DUPLICATE: 2317270 92390787002 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L ND ND Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS - This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 9 of 17 I aceAnalytical www.pacelabs.com Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 QC Batch: 418015 QC Batch Method: EPA 300.0 Associated Lab Samples: 92390764001 I METHOD BLANK: 2317329 Associated Lab Samples: 92390764001 Parameter Units Fluoride mg/L QUALITY CONTROL DATA Analysis Method: EPA 300.0 Analysis Description: 300.0 IC Anions Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 0.10 07/07/18 00:28 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, AC 28078 (704)875-9092 LABORATORY CONTROL SAMPLE: 2317330 ' Spike LCS LCS % Rec Parameter Units; Conc. Result % Rec Limits Qualifiers Fluoride mg/L; 2.5 2.5 102 90-110 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2317331 2317332 MS MSD 92390732008 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qual Fluoride mg/L ND 2.5 2.5 2.8 2.8 109 109 90-110 1 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2317333 2317334 i MS MSD 92390734003 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qual Fluoride mg/L ND 2.5 2.5 3.4 2.8 137 112 90-110 20 M1,R1 Results presented on this page are in the units Indicated by the "Units" column except where an alternate unit Is presented to the right of the result. I REPORT OF LABORATORY ANALYSIS i This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 10 of 17 ?CeMaly kal www.pacelabs,com QUALITY CONTROL DATA Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 QC Batch: 418768 Analysis Method: EPA 350.1 1993 Rev 2.0 QC Batch Method: EPA 350.1 1993 Rev 2.0 Analysis Description: 350.1 Ammonia Associated Lab Samples: 62390764005 METHOD BLANK: 2321234 Associated Lab Samples: 92390764005 Parameter Units Nitrogen, Ammonia mg/L Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 0.10 07/12/1812:01 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 LABORATORY CONTROL SAMPLE: 2321235 Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Nitrogen, Ammonia mg/L 5 5.2 103 90-110 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2321236 2321237 MS MSD ' 92390764005 - Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qual Nitrogen, Ammonia mg/L ND 5 5 5.0 5.0 100 100 90-110 0 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2321238 2321239 MS MSD 92390681001 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qua] Nitrogen, Ammonia mg/L 26.6 5 5 31.2 31.1 91 91 90-110 0 Results presented on this page are In the units Indicated by the "Units" column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 11 of 17 aceAnaVical wwwpacelabs.com Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 QC Batch: 418095 QC Batch Method: SM 4500-CI-E Associated Lab Samples: 92390764005 METHOD BLANK: 2317973 Associated Lab Samples: 92390764005 Parameter Units Chloride mg/L QUALITY CONTROL DATA Analysis Method: SM 4500-CI-E Analysis Description: 4500 Chloride Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 1.0 07/06/18 21:35 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 , s Huntersville, NC 28078 (704)875-9092 LABORATORY CONTROL SAMPLE: 2317974 Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Chloride mg/L 20 20.3 101 90-110 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2317975 2317976 MS MSD 92390255007 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qua[ Chloride mg/L 26100 10 10 36.5 36.1 105 100 90-110 1 ug/L MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2317977 2317978 MS MSD 92390453012 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qual Chloride mg/L 8.7 10 10 19.2 19.3 106 106 90-110 0 Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 12 of 17 a'ceAnalytica! wwwpa-'a4com QUALIFIERS Project: Process Water EfFluent(Q./Mos) Pace Project No.: 92390764 DF - Dilution Factor, if reported, represents the factor applied to the reported data due to dilution of the sample aliquot. ND - Not Detected at or above adjusted reporting limit. TNTC - Too Numerous To Count J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL - Adjusted Method Detection Limit. Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 PQL - Practical Quantitation Limit. RL - Reporting Limit - The lowest concentration value that meets project requirements for quantitative data with known precision and bias for a specific analyte in a specific matrix. S - Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270. The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) DUP - Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. SG - Silica Gel - Clean -Up U - Indicates the compound was analyzed for, but not detected. Acid preservation may not be appropriate for 2 Chloroethylvinyl ether. A separate vial preserved to a pH of 4-5 is recommended in SW846 Chapter 4 for the analysis of Acrolein and Acrylonitrile by EPA Method 8260. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analytes. TNI - The NELAC Institute. IAeRZ01ZZA11i1I[71 -9 PASI-A Pace Analytical Services - Asheville ANALYTE QUALIFIERS M1 Matrix spike recovery exceeded QC limits. Batch accepted based on laboratory control sample (LCS) recovery. R1 RPD value was outside control limits. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/13/2018 04:45 PM without the written consent of Pace Analytical Services, LLC. Page 13 of 17 IaceAnalXical" (�www.pacela6s.eom QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: Process Water Effluent(Q./Mos) Pace Project No.: 92390764 Lab ID Sample ID 92390764001 MONTHLY EFFLUENT 92390764004 QUARTERLY/MONTHLY EFFLUENT 92390764001 MONTHLY EFFLUENT 92390764002 RIVER DOWNSTREAM 92390764003 RIVER UPSTREAM. 92390764001 MONTHLY EFFLUENT 92390764001 MONTHLY EFFLUENT 92390764005 QUARTERLY EFFLUENT 92390764005 QUARTERLY EFFLUENT Date: 07/13/2018 04:45 PM QC Batch Method EPA 200.7 EPA 200.7 EPA 180.1 EPA 180.1 EPA 180.1 SM 2540D EPA 300.0 EPA 350.1 1993 Rev 2.0 SM 4500-CI-E Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, OC 28078 (704)875-9092 QC Batch Analytical Method 417944 EPA200.7 417944 EPA200.7 417940 417940 417940 418008 418015 418768 418095 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Analytical Batch 418005 418005 Page 14 of 17 Dorument Name: oocurnent Revised. February 7. ;R' tarnpleftiiditlon Upon RevelCUR = page 1 of2 DocurnentNo.i Issuing Authority: -F-CAR-04133-ReyAli Pate Carolinas Qua ft Office loibdiatorVreceiving samples: Asheville ❑ EdenE] Greenwood ❑ fluditersvil RilelihO Me681111=11WO Client Name.- wo#:.9239U?64 Cauder []F Conannercial' ce [:]Other*—.,- 92390764 tustodVs-leml Present?, '[]Yes Seilsintacd [Ives WO F— PatkirigMatoilf- [31lubbleWrip Slologicel-11ame Fagan? DOW 64A COOP* 0 POO [3, NIX Thtn'nometu: Type of fthID' 92TO40 fee: et, tiBlue' ESlHose Co Cooler VO ffectWn Factor. Add/Subtract r;),.. .+0.4 Temp.hould ea:,qyefrGeVh t 6 C S . �. 8 6 0 ifrf le out t d implo.ph'ic4coblinkp6i6i Coolerternp-affe6tedre): Phasgun IDA lateds IYA water sampli) Did s a foreign aM6[%dilailaataluifintiniztidi!ivkhtnthL&.UAltedStitiei-CA.,W.aiSC(6ickrffa6i)7 Old saMplaorlilinate from i0is sourcel�en1jtip! yeir 16ddifing liawall and Puerto Rim)? Chain aftustad� Present? No. ENIA- i;. ... Sam ples Aidved within Hold Time? bii6 r3r � 2. -short Hold Time Analvils (42 hr.)? S Oia 0N'IA 3. Rush Turn Atbudd 71'r6iiII44isted? No.. 'ONIA Als Su C in linivowme? r NO' ON/A S. Correct bor Ainers Used? --Pace toWders Used? "S Yes ONc No ON/A ONIA -S... 7. Dissolved. . aria lysla: Sarnpies Fleld 6iterOd? '&6' ON. Jft94A' 8. 9. �O Sample labels Match CdC? 13yes NIA -;IndudesOate/Tlme/ID/AnalVjb Matrix: Headspace In VOA Vials (35-6m)? Oves Ow �&A 10. Trip Blank Present? Tilp Blank Custody-imis Present'?' '13Yei O`Yes /-Oft ONo '13N/A -C9/A PMft4EIMJsRV1F1 -!DI OMFANCV r t iW, I A iA ICZ1 Person contacted: ProjedMinagerSCUR-F FlOulaw: Date: Project Manager IsRF Review. Field Page 15 of 17 a �,Aftalrr�i Document Name: Sample Condition Upon 8e SCUR Document Revised: February 7,'20..16 Pa e 1 of 2 Document No.: F-CAR-r5•033•8ev.Ofi Issuing Authority: Pace Wrallnas Qaall Ofliee "Check mark top halt of box It ON and/or dechlorination is Project_ 9 LI(3# .923907 _4 eerified and within Yne acceptance,rapge foc. fire�auiari©t+ Ism: Col Due Gate: 0' samples. ` CLIENT: 92—HorseHead Exceptions: VOA, Collform, TOC, 011.and Grease, DRO/8015 (water) DOC, LLHg "Bottom half of box is to list number of bottle SEEMS 0 0 U 0 0 IML 0 IN M In N ON V N IN 0 10 0 0 0 NO Is 0 IN 01 Ne, 410 0 0 0, 0 R N 0 IN 0 10 10 M 0 WE 0 0 0 0 0 N 10 0 0 M 0 010 N 0 0 N 0 0 0 0 0 N M 0 0 0 00 M10010100 Lis MIN 01010 0 no Emmons N LINE 0 mommenoms DONE MEMO 'kimono pH Adjustment Log for Preserved Samples Sample 10 Type of Praservative pH upon receipt Data pmlimation adjusted - Time pmsmatton adjusted Amount of FM%efvattve added Lot# ncum rarnfladan of ca (i.e. Not of hold lnoorthe preservative, a discrepancy #f telinig R ui Wrolne COMM=Samples, a copy or u�w.•��•�� w� • �: �Q���w �••� •- • ••• -- -: out Page 16 of 17 ��2 Wd. a+mooeeati 'z CHAIWOF-CUSTODY I Analytical Request Document. The CWln o -Custody is a t-EGAL DOCUMENT. All roteitant fields,must do completed accurately. Section A Section B Sectian'C Page t Required Client Itdommtion: Required Project toformatiorc levoiee Irdormatlwe f Carripqc American Zinc.Pmducta LLC. RopottTo: Scott Hoenecke: shoeneeke c@i azr cdm Nrorltiorc Scott Hoenecke Add— 484.1-i(cks Grova,RcL Copy To koliphant@aircom:9lonesQazr com �+Pagr ,I— American Zinc. ProZZ CLC B Q" "E�jj • Moorei;Wro. NC 28114 chowell ay.com. as ® peemtatt(r�ttzr com Addmsa: 484 Mlt9cs Grove Rd, Mtxlres6oro, NC NPDES " . r UST GROUNL) WATER .L" DRINKWG WATER RCRA (- OTHER' Erroll To' shoenecke@azr.com Purchase Order No.-.- paceoma Rdm ms: Ptm- 828-919-3147 FL-4Pr*d N— Process Water Effluent Quartetty / Monthly ---04 Chris Denwen �$�' •'3't`"a� NC Requester! DuaCatarrAT: 3P2yTtgnowr PtejactNuml r Pampmce 0: Section Valid MatdX Cartel Required csmalnferragon pfATRI X -.Q= s �I COLLECTED Preservatives ORNOMWArra.'DW WATERWASTW7 R ." 9 - PROM WAT62 INyI ' PfiDOUCT.. P SORFDLD aL'. 88 IO ¢ WUTosIB "A" COMM t£ INOIt +B 7� SAMPLE ID WdE, ym SAMPLE 9 .lrl. c�a .it OR D An AR to-Z 0-91 OTNM OT- 0 Q O sample IDs MUST BE UNIQUE m5mie To :IL r W Z V ; ' LLLU O e O �v O, Z ir Z m m `m ,rod G •o.Cl !I'' W is a P DATE TIME DATE TUBE tt O Z Z S Z Z i'— c� Pace ed No lab Ifl. Monffl Effluent -TSS ww c 7-Y-►S =3�T. ,-+' *S 1 x r' -x o' 22. MonthlyEfffluent--Fluoride ww 'c ?=�� ��$D. Z'i `$ �� x ,x Monttil Effluent ww G 7— '9`0 1 x '' x" 4 Monthi rEfftuenf-Metals wr . c 7-q-1 Q1 30 -�'j "g-sU" 1 x ;_.;'s ` x V Monthly.- Turbidity - River Downstream :wr a i�rr� = t x xI I - k, Monthi-Turbidi-RiverU stream ww o Z- i •t x x _.Qp.3 z Quartsrly / Monthly Effluent- Metals, ww - G 1' X ` x ©p' s Quarts 'Effluent- Chloride" ww c �^ '/� }1,30 Z-?-1 =�}- 1. x ,; x < Quarts Effluent-NH3-N " vvw c i''r' B:3o '7-74 . $%r;0 x x r-wr i ' D e�.ii,• ?I1PlL '��1 ..f.Y�nMf�,C�s }... '- ..J r. I `_,�yj �i ••? P �f1i1/i ,rtt�+ MbNw dui. •/Yv •.. d'c .T ACCE lr ry(N�l w Ll • .• 4 y, "�(1 +t +Ki th71T1= 1. VA SAMPLECONDRIONS !'.'METALS -Cadmium ClVamim Load. Ncket 2inr,"I unn. - i An U AmaN CoW I' Tin �,T / %1 .c - .C' ''.x,�r:`�i� .,Re • Name �11; = PRINT alSAMPLER: FA a 11 e S a z^ z^ SIGNATURE of.SAMPLER: DATE signed �; $ a 3 � 90podant Nola By alpriag tag 10011 you am oceepWe Pnea'aW`30 day payment keni and al reelnp to We ch"I Of 1.6%pm ma=10f ary inwleas nat paid * Mn ]a Gaya. F-ALL=Q-020raV,07,;iSFeb-2007 Z 0 r` f, aceMaV cal , wggvpa010bS com July 31, 2018 Aili Spearman American Zinc Recycling 484 Hicks Grove Rd Mooresboro, NC 28.114 RE: Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Dear Aili Spearman: Enclosed are the analytical results for sample(s) received by the laboratory on July 25, 2018. The results relate only to the samples included in this report. Results reported herein conform to the most current, applicable TNI/NELAC standards and the. laboratory's QualityAssurance Manual, where applicable, unless otherwise noted in the body of the report. If you have any questions concerning this report, please feel free to contact me. Sincerely, Chris Derouen christophenderouen@pacelabs.com (828)254-7176 Project Manager Enclosures . cc: Scott Hoenecke, American Zinc Recycling Grant Jones, American Zinc Recycling Kendall Oliphant, American Zinc Recycling �9e0[tAtO� REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC: Page 1 of 11 aceAnaIXical www.pacelabs.com Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 Asheville Certification IDs 2225 Riverside Drive, -Asheville, NC 28804 Florida/NELAP Certification #: E87648 Massachusetts Certification #: M-NC030 North Carolina Drinking Water Certification #: 37712 CERTIFICATIONS North Carolina Wastewater Certification #: 40 South Carolina Certification #: 99030001 VirginiaNELAP Certification #: 460222 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 , Huntersville, NC 28078 (704)875-9092 Page 2 of 11 itaAnal cal wwwpacelabs,aam SAMPLE ANALYTE COUNT Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Analytes Lab.ID Sample ID Method Analysts Reported Laboratory 92393207001 SEMI MONTHLY EFFLUENT EPA 200.7 Rev 4.4 1994 IDS, SH1 4 PASI-A SM 254OD-2011 CEH 1 PASI-A REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 3 of 11 aceAnaliltical www.pace/a6seom ANALYTICAL RESULTS Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 , Huntersville, NC 28078 (704)875-9092 Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 Sample: SEMI MONTHLY Lab ID: 92393207001 Collected: 07/25/18 08:30 Received: 07/25/18 12:30 Matrix: Water EFFLUENT Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua[ 200.7 MET ICP Analytical Method: EPA 200.7 Rev 4.4 1994 Preparation Method: EPA 200.7 Rev 4.4 1994 Cadmium ND mg/L 0.0050 1 07/28/18 02:10 07/29/18 22:52 7440-43-9 Chromium ND mg/L 0.025 1 07/28/18 02:10 07/29/18 22:52 7440-47-3 Lead ND mg/L 0.025 1 07/28/18 02:10 07/29/18 22:52 7439-92-1 Zinc 0.89 mg/L 0.050 1 07/28/18 02:10 07/30/18 23:04 7440-66-6 2540D Total Suspended Solids Analytical Method: SM 2540D-2011 Total Suspended Solids 3.1 mg/L 2.5 1 07/26/18 05:27 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/31 /2018 11:55 AM without the written consent of Pace Analytical Services, LLC. Page 4 of 11 wwwpacelabs,com Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 QC Batch: 421696 QC Batch Method: EPA 200.7 Rev 4.4 1994 Associated Lab Samples: 92393207001 METHOD BLANK: 2334973 Associated Lab Samples: 92393207001 Parameter Units Cadmium mg/L Chromium mg/L Lead mg/L Zinc mg/L LABORATORY CONTROL SAMPLE: 2334974 Parameter Units Cadmium mg/L Chromium mg/L Lead mg/L Zinc mg/L Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 QUALITY CONTROL DATA Analysis Method: EPA 200.7 Rev 4.4 1994 Analysis Description: 200.7 MET Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 0.0010 07/29/18 21:37 ND 0.0050 07/29/18 21:37 ND 0.0050 07/29/18 21:37 ND 0.010 07/29/18 21:37 Spike LCS LCS % Rec Conc. Result % Rec Limits Qualifiers .5 0.50 100 85-115 .5 0.51 102 85-115 .5 0.49 99 85-115 .5 0.49 99 85-115 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2334975 2334976 MS MSD 92393163001 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qual Cadmium mg/L ND 2.5 2.5 2.6 2.6 105 104 70-130 2 Chromium mg/L ND 2.5 2.5 2.5 2.5 100 99 70-130 1 Lead mg/L ND 2.5 2.5 2.3 2.2 90 89 70-130 2 Zinc mg/L ND 2.5 2.5 2.5 2.4 99 97 70-130 2 MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 2334977 2334978 MS MSD 92393163011 Spike Spike MS MSD MS MSD % Rec Parameter Units Result Conc. Conc. Result Result % Rec % Rec Limits RPD Qual Cadmium mg/L ND 2.5 2.5 2.6 2.6 104 105 70-130 1 Chromium mg/L ND 2.5 2.5 2.4 2.5 97 98 70-130 1 Lead mg/L ND 2.5 2.5 2.2 2.3 90 91 70-130 2 Zinc mg/L ND 2.5 2.5 2.5 2.3 99 92 70-130 7 Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/31/2018 11:55 AM without the written consent of Pace Analytical Services, LLC. Page 5 of 11 aceAna1j tica1 " www.pacelabs.com QUALITY CONTROL DATA Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 QC Batch: 421185 Analysis Method: SM 2540D-2011 QC Batch Method: SM 2540D-2011 Analysis Description: 2540D Total Suspended Solids Associated Lab Samples: 92393207001 METHOD BLANK: 2332716 Associated Lab Samples: 92393207001 Parameter Units Total Suspended Solids mg/L Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 2.5. 07/26/18 05:24 Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, tM 28078 (704)875-9092 LABORATORY CONTROL SAMPLE: 2332717 Spike LCS LCS % Rec Parameter Units Conc. Result % Rec Limits Qualifiers Total Suspended Solids mg/L 250 240 96 90-110 SAMPLE DUPLICATE: 2332718 92393155001 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L 286 308 7 D6 Results presented an this page are In the units indicated by the "Units" column except where an alternate unit Is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/31 /2018 11:55 AM without the written consent of Pace Analytical Services, LLC. Page 6 of 11 ?.,2ceAna1ytjca1 wwwpacelabscom QUALIFIERS Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 DEFINITIONS DF - Dilution Factor, if reported, represents the factor applied to the reported data due to dilution of the sample aliquot. ND - Not Detected at or above adjusted reporting limit. TNTC - Too Numerous To Count J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL -Adjusted Method Detection Limit. Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 PQL - Practical Quantitation Limit. RL - Reporting Limit - The lowest concentration value that meets project requirements for quantitative data with known precision and bias for a specific analyte in a specific matrix. S - Surrogate 1,2-Diphenylhydrazine decomposes,to and cannot be separated from Azobenzene using Method 8270. The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) DUP - Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. SG - Silica Gel - Clean -Up U - Indicates the compound was analyzed for, but not detected. Acid preservation may not be appropriate for 2 Chloroethylvinyl ether. A separate vial preserved to a pH of 4-5 is recommended in SW846 Chapter 4 for the analysis of Acrolein and Acrylonitrile by EPA Method 8260. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analytes. TNI -The NELAC Institute. LABORATORIES PASI-A Pace Analytical Services - Asheville ANALYTE QUALIFIERS D6 The precision between the sample and sample duplicate exceeded laboratory control limits. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 07/31/2018 11:55 AM without the written consent of Pace Analytical Services, LLC. Page 7 of 11 (�IacieAnaljltical www.pacelabs,com QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: Process Water Eff Semi -Monthly Pace Project No.: 92393207 Lab ID Sample ID 92393207001 SEMI MONTHLY EFFLUENT 92393207001 SEMI MONTHLY EFFLUENT Date: 07/31/2018 11:55 AM Pace Analytical Services, LLC 9800 Kincey Ave. Suite 100 Huntersville, NC 28078 (704)875-9092 Analytical QC Batch Method QC Batch Analytical Method Batch EPA 200.7 Rev 4.4 1994 421696 EPA 200.7 Rev 4.4 1994 421721 SM 2540D-2011 421185 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 8 of 11 Document Name: Document'Retilsed::FebruerV 7, 2018 . e�.��.�, o Sample Gondltlon UponRet SCUR . ,: _ P `ei ot2. Document No:. IssuingAuthorlty. aC BARc�001 - - F-CAR-tS-033�Riv,06 Pace Cardl16415'4uo " Office;. . Labo�atoryrecetvingsampletlE ... AUlievllie 0 Win[] Greenwood 0 Huntertim, Ralelgh0 Mechanlesvifierl - Cue iyame: _ WO#992393207 A. Or ject e: Caurter F S n IIIIII II:I ILILI illll III �.CommerclO ace QDther 92393207 Custedy. Seel Present? Des 1Y° Seals Intact? QYes No . LL - Dttiiln_itbl�PetroeE�eeltnMQtonttntt:,: � � Z� Packing Meterlsl: EJeubble:W)WO QBubble Bags None' 1 '..Other: iWasicai Tissue oaten? Themomet (]Yes [INo IaGun l0 92T040' ?Voe of Ice ec petue. pNWa Cooler Temp ('C) =. , Correction Factor: Add/Subtract ('C) , .�+0A _ ._ CnolerTempCmtectedt'C): je E3sliwf sautofte prcediteda.t. S mplesonke,cooingprocess r,. ;hostieiiun WNIMENTSAAMPU DLSCREPAdC1f, held treta Requtred7 I]YeS ,Qnlo Person contactedl; Daie'rnm* Project Manager SCURFRevlew: Z., Project Mang if SRF Redow: / Oi+tez 7 2s Y Page 9 of 11 .♦ Document_ Name: DoeumentRevised: February 7,2010 4 dCBl�Rc7�y1�G� SompleAndidda Upon Revel 1 CUR Pa e i of 2 Oocument No.: Issuing Authority: i-CAB=0•433-RevA6 - PaceCaroilnasQuali ofte ".Check mark top half of box if pk and/Or dechlorina0an is ver'i led and withlri the a eoptanee range for_'preservation samples. Exceptions: VOA,.Coliform,MC, Oil and.Grease, ORO/8015 (water) DOC, tl.Hg *Bottom half of box into list number of bottle Projectd W0# 92393207 PM: Col Due Dale: Dr; MU b CLIENT:. #-HOrseNeed z II �i Z? :a a o z s m E G W Go aEE aEE E aE E ad Q d b �a E. d a o a a n ,'a Q a 'i Q d y Qr > > �p s. j .+ .ar. E E E � IE E � E E,� E .'" E E E' E ��� E 2 pH Adjustment l.og for Preserved Samples ;Sample to Type of RMrvatiu© - pttupea rg" Date presmatlon adjusted TOM pulavetlom adloW Amou14011I'MO y M,, :added IQt" note: wnenevertnere is a uaaepaw artecung ryortn caronna comps ime samples, a cupy:pr u15 rgnn vnu ua3011tw W9 W.. Ur..,�� „� ,.�„ ..o,•..,, •,-• - -- Outer hold, incorrect preservative, cut of temp; Incorrect containers. Page 10 of 11 -ac&Anal3 final" CHAIN-OF-CUSTODYLAnalytical .Request Document Tbo Chaln:of-Custody is a LEGAL DOCUMENT.-AII retavant fields must be completed owsrately. re 1. Section A Section B Section C Pago: of RegWied abut InFoRnallon: Required Project Infomwtlon: Invoke Infamumrc . ComPw7' Americeri Z1nC Products LLC. RyportTO: A111 Speetmao: espeermerl�BZf.COn1. Attadlorc. A li.SpeerTrlart. Address: 484 Hicks Grove Rd. copy.To: kol''Iphant@w corn; giones@aa corh Cortl _ "Nm= ;American'Tinc Products-LLC F36Gt11 �1TORY AG f1CY�� " ' : �...,_. ...�.. M..:a:r.,. , Mooresboro, NC 28114 shoenecke@aa colp Address: 484 Hicks Grove Rd, Mooresboro, NC NPDES f GROUND r UST r. 'RCRA WATER r DRINKING WATER r OTHER Erna TO: asPealmanigiamcom PurdwsoOrder Nw. Pace Quota Reference: Phone:. 82S-9193147 F- .. Rrojod Ndme: Process Water EfflUonk'SernWonthiy' asce Poogpa. Chris Derouen Ito L orartt�b NanoOer.. NC e' Req,un l Din DeWTAT: -0 day tun am nd Project Numr:be !jPe teWlEtia(y Baden D Notid Matrix Codes a RequuMouaattreonwton -PAPJR[K r2m, COLLECTED -Presermdves araaoeWATDr OWS Cal le, A ER WWS PRODuar IUWAlOi wr _ vP, 9 QQ START SQd90tl0 '� SL OL 19 SAMPLE ID (A-Z, 0-91:E ) OTHER Lit aT p a- Sampb IDs MUSK BE UNIQUE TWE is U t— . x. o o �Nz��m;; v m OPI 7. ul '� rr Pace Project of tab D. != DATE. TIME DATE - TIME M. 1E x x z z o Semi-A4onih Effluent Meta[s wy v c i 61 ' �7C S i `C 1 x x : . Seml-Monthly Effluent-TSS ww •c %. 3� bs IC 1 X Q.9 r nt. Tih1F'�r:• s: • i�� �.. '�AC• W b �3 �.'•;: SAMPLECONOfiIONS </ _ . ,BY/•'At;Fl - «•METALS-CadmWn.Chmm(uR4.tea421nc' - _ �._..� V too .. ¢�n�_upp_�_�p �������� ___i. _ irpL".!PPL: Y 4-El A1D's1iaNAT�rRE,t Vp_.-i:::•"r..r.:,�:r ;?'t= `''::: :'%r:::�h�tti :�:;'r,:�'?:;�:✓?:;��!n;�:�7 rm:� ;:;'� 7. .ti. ..f.? N, 'ij:,.,Fn L::tiSixrxpy!.•4., .!`,.•;2 +::.:Qti J:�:: :}:::J:✓j: .V iS .� �. PR1NTNaribolISAMPLER:. 6 SIGNATUREafSANPLEFU DATE Signed - WD0 •• ,yWWW Nate: UyatgNrp Ihta foenyoa am aoeaptlrq Psen's PET 30 day peymord terms and o0t" to We drapes of 15%per mordh far srq Invokes not paid vWa 00 days. F=ALL-"20rev.07, 15-Fet-2007 i �n tartat►ta�'Iric; (C64) O??�G 2 : r'r Phi, Brig i 1!5e'r;ro��yll&,:1; 2 {f r [l 1 tll cciiil> Ceriodaphnia dubia Survival and Reproduction Test EPA-821-R-02-013.Method 1002 Client: American Zinc Products LLC Facility: MOORESBORO NPDES #: NCO089109 Test Date: 11-Jul-18 Laboratory ID #: T51963 Test Reviewed and Approved By: Robert W. Kelley, Ph.D. QA/QC Officer j 3:+ + Certification #E87819 Test results presented in this report conform to all requirements of NELAC, conducted under NELAC Certification Ntunber E87819 Farhad Rostampour Laboratory Director SCDMC Certification #23104 Florida Dept. of Health. Included results pertain only to provided satales. age 1 of 6 NCDENR Certification # 022 Effluent Toxicity Report Form - Chronic Pass/Fail and Acute LC50 x. Date 19-Jul-18 Facility: American Zinc Products LLC PROCESS EFFLUENT NPDES# NCO089109 Pipe # 001 County. Rutherford Laboratory Performing Test: A Comments X Signature of Operator in Responsible Charge X Signature of Laboratory Supervisor MAIL ORIGINAL TO Environmental Sciences Branch Div. of Water Quality N.C. DENR 1621 Mail Service Center Raleigh, North Carolina 27699-1621 North Carolina Ceriodaphnia Chronic Pass/Fail Reproduction Toxicity Test Chronic Test Results Calculated t= 0.9978 Critical Value= 2.508 CONTROL ORGANISMS # Young Produced Adult (L)ive (D)ead Effluent % TREATMENT 2 ORGANISMS # Young Produced Adult (L)ive (D)ead pH Control Treatment 2 1 2" 3 4 5 6 7 e 9 10 11 12 % Reduction= 3.2% 23 22 24 24 21 22 26 25 24 24 22 26 % Mortality Avg. Reprod. L L L L L L L L L L L L 0% 23.6 Control Control 0% 22.8 Treatment 2 Treatment 2 Control CV 1 2 3 4 5 6 7 8 9 10 11 12 6.9% %3rdBrood PASS 100% X Complete This for Either Test Test Start Date Collection (Start) Date. 11-Jul-18 1st sample 1st sample 2nd sample Sample 1 09-Jul-18 Sample 2 12-Jul-18 7.8 8.0 E 7.9 7.6 23 25 22 23 18 22 21 24 24 25 25 22 L L L L L L L L L L L L start end start end start end D.O. lstsam le lstsam le 2nd sam le Control 8.0 7.7 8.2 7.5 Treatment 2 7.6 8.1 7.6 7.8 LC50/Acute Toxicity Test (Mortality expressed as %, combining replicates) LC50 = % 95% Confidence Limits Organism Tested Grab' lComp IDuration 1st 2nd Sample 1 X 24hrs. Tox Tox Sample 2 X 24hrs. Dilution Sample Sample Hardness (mg/L) 46.0 Spec. Cond. (pmhos) 175 6460 6754 <.05 <.05 Chlorine (mg1L) �;ara a, I 9ple Temp. at receipt(°C) 0.4 0.8 Mortality startlend start/end Method of Determination Control Average Probit High Conc. an Karber ROther I pH . D.O. Ceriodaphnia dubia DEM Form AT-1 Page 2 of 6 STATISTICAL ANALYSIS RESULTS Facility: American Zinc Products LLC NPDES# NC0089109 Sample ID: PROCESS EFFLUENT ET H 'r51963 Date: 11-Jul-18 Laboratory: Certification M NCO22 Exp. Date: 11/1/2018 Survival Data 7 Day Survival Test Used: FISHERS TEST Control 100% Test Statistic: P= 1.000 Effluent 100% Critical Value: P= 0.01 PASS: The effluent does not reduce survival of.the test organisms. Reproduction Data Raw Data Test for Navnality Mean you ig/female Std. Dev. Test Used: Shapiro-Wilks Test: Control 23.6 1.62 Effluent 22.8 2.04 W: 0.941 Critical Value: 0.884 Analysisfor Differences in Reproduction Test for Houeogeneity of Variance Test Used: Equal Variance t Test. Test Used: F Test Calculated t= 1.00 F= 1.58 Critical Value— 2.51 Critical Value= 5.32 The data are homogeneous in variance PASS: The effluent is not chronically toxic. Page 3 of 6 , .. ^" Control;Mortallty and Reproduction by_ esfDay ' source rep 1 2 3 4 5 6 7 8 Total Al 6-29 1 +4+9 10 23 C1 6-29 2 +3+7 12 22 A4 6-29 3 4 +8+12 24 C9 6-29 4 +5+8 11 24 T2 6-29 5 +3+8 10 21 T4 6-29 6 +3+7 12 22 T3 6-29 , 7 +3+10 13124 U9 6-29 8 5 +9+11 Q9 6-28 9 +4+8 12 M6 6-28 10 +4+7 13 R10 6-28 11 +4+8 10 01 6-28 12 +4+9 13 13 N/A 14 N/A 15 N/A 16 N/A17 N/A 18 N/A 19 N/A o Mean 20 N/A 0 23.6 U4 k. Effluent Mortality and Reproduction by Test Day - 1 2 3 4 5 6 7 8 Total Al 6-29 1 4 +7+12 23 Cl 6-29 2 5 +8+12 25 A4 6-29 3 5 +7+10 22 C9 6-29 4 +4+7 12 23 T2 6-29 5 +4+6 8 18 T4 6-29 6 5 +8+9 22 T3 6-29 7 +3+8 1 10 21 U9 6-29 8 4 +9+11 24 Q9 6-28 9 +3+9 12 24 M6 6-2E 10 +3+10 12 25 R10 6-2 11 +4+8 13 25 01 6-28 12 +4+7 11 22 0 13 N/A 0 0 14 N/A 0 0 15 N/A 0 0 16 N/A 0 0 N/A 0 0N/A 0 0N/A Ll o Mean 0 NIA 0 22.8 r > w AM Jc En'd Date ;cd JC AM JG JC JC AM 18-Jul-18 IM fe $ can 08:27 AM 05:05 PM 07:47 AM 07:05 AM 10:27 AM 04:33 PM —48 AM AM eti m _ C 24.6 24.8 Old temp. °C 25.7 25.3 25.8 Control New temp. °C 24.6 24.8 115 T51963 Client American Zinc Produ Sample ID PROCESS EFFLUE NPD_ES#� NC0089109 County Rutherford Month 7 Start 8 fed Date 11-Jul-18 Start &fed Time 10:15 AM Started & fed B_y AM Test Organism Ceriodaphnia dubia N_eo, born date 10-Jul-18 Neo. born timo 1705-2150 Test T1ype NCCPF Dilution Wat ISSF 6-29-18A Units for C-onc. IWC 0.74 p/e8rd BROOD Test vassals 30 ml Test volume 15 ml Incu6atoy# 1 Light 161118dk Initial Te111 24.8 Setenastrum 0.05 ml YQ7 0.05 ml Te"Strn hod EPA 821-R-02-013:1002 II Comments II N/A -Lost or not used Page 4 of 6 -s^ �1 SST,•+--e 7r uy (f .f AIf• PO Box 16414, Greenville, SC 29806-7414 (854) 877-6942, (800) 891-2325 Fex(864).877 6938 Shipping Address:4 Craitsman.Ct, Greer, SC 29650 W W W.CTTEN V IRONMENTAL.COM cm F CUTDY'[ram /'y O D � i1 Pale of Client: AR, " i, 1.-�- Fjr Ll U w c+<, �, L�{1, Program . t Containers , Preservative, Paratnetcrs Facility: H l t kl; �, 1r'il yr � G� �/ � U�t� — 1 � - Whole GrilucntTazieih% . i Z State: (r _ I\TPDI;S m: 'Acute Chronic Test Organisms U` (Composite only) (Grab or Composite) L U• y c .. — Sign, and Print below— Co = 2HCL 75— _> SE' >_ the dotted line = _ c� .� y s-ltnos c V _ SAMPLE ID O CompnsileStnri Datc Tune SmnpleCallccttoe Datc Time Collected by U v3 rn z a. C7 > ' b p�� .<, U U U Q ti 7 i1 _"� U _ 5 2 1 Chemical Analysis & Other U709 00 C n m ------------- I ------------- I ------------- Special Instructions: Sample Custody Transfer Record Secure Receipt I Sample Date Time Relinquished ed B, / Organization Red bed By / OreanizationArea Temp °C jI Preserved? 61- L 1= I COMPOSITE SAMPLING PROCEDURES TE•,UPER,ITURE j1 /OAUTORING PROCEDURES HOLD TIME PROCEDURES Composite samples must be collected over a 24 hour period: Sample temperature during collection and transport must be between For wicity testing the sample must fist be used within36 hours, Time Proportional:.) sample -each hour for 24 hours. Equal volui 0.0 and 6.0 °C. Samples must not be frozen. Use water ice in sealed bags: of sample collection (completion of composite sample)`. or at minimum 1 sample every 4 hours over 24 hours. Sample may not be used after 72 hours ftom sample collection. Flow Proportional: As per instructions in 14POES parrnit. ETT PO Bax 16414, GreenviAe, SC 29808-7414 (864) B77-6942, (800) 891-2325 Fax(864) 877 6938 Shipping Address 4 Craftsman Ct, Greer, SC 29650 WWW.L- TCNVIRCNM=NTAL.CCM CHAIN OF CUSTODY RECORD Client: ft1A� —7mf-y-t rtAn l;l nC PrhdL(G'k- Program I Containers Preservative Parameters Page oP Facility: Whole Eriluent Toxicity State: NC NPDES r Acute Chronic Test Organisms n i (Composite only). (Grab or Composite) o —= t2 = U U c= Z i G Sion, and Print below the dotted line _ U � xa s-ttrtoy N '� _ '� = � _ = — /l-ol — SAMPLE ID U t? 5 c ,N y y s=�oOH o c o' = =- — cce— ` Compositeswrt Date dime sample Canettion'0att Time Collteted ti$ U m i z = j > G=per 4—J U U Q •= L in. T J — % c Chemical Analysis & Other 5 q b-3 6 d to ----------=-- III -- -- — — — — — — — —- ------------- F-1 I I -1�II I Special Instructions: Sample Custody Transfer Record Secure Receipt Sample Date Time Relinquished By / Organization RccciyodBl/ O=auization Area Tema `C Preserved? 7-13 - 1 a 6 E -m i a. g I COMPOSITE 8.4,WPLIArG PROCEDURES MUPER4TURE MONITORING PROCEDURES HOLD TIME PROCEDURES Composite samples must be collected over a 24 hour period. Sample temperature, during collection and transport must be between For toxicity testing the sample must first be used within 36 hours Time Proportional: I sample each hour for 24 hours. Equal voles 0.0 and 6.0 °C.'Samples must not be frozen. Use water ice in sealed bags. of sample collection (completion of composite sample). or at minimum I sample every 4 hours over 24 hours. Sample may not be used after 72 hou,- a from sample collection. Flow Proportional: As per instructions in NPDES permit. I NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active / FACILITY NAME: American Zinc Products, LLC CLASS: PCNC CP V C:q2pNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required J U L 2 8 2 01,QRC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No �j eDMR PERIOD: 06-2018 (June 2018) VERSION: 1.0 CEN T I'(HL FILE§'FATUS: Processed DWR SECTION SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 O t a` Z 00070 Monthly Grab TURBIDTY 2400 clock ntu I 2 3 a 5 6 0715 7.3 7 8 9 10 11 12 13 la is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Avcmgc Limit: Monthly A—ge: 7.3 Daily blaaimum: 7.3 Daily hllnimum: 17.3 '•': o Reporting Reagxonr> I5Fk E.� 3— low-Reuse/Recy le; ENV W7rHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday bivision cti, Waiter Resources iw JUL 3 0 2018 Water Quality RG910r1al Qperations AshevTa Pec!o^21 !Office NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 06-2018 (June 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO o i- E E U E — e [-I E — O n 1 O o C O GEC :2FLOW 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite pH NH3-N-Cone TSS - Cone ALUMINUM ANTIMONY As -TOTAL CADMIUM CHLORIDE 2400 clock Hes 2400 clock H. WBIN mgd so mg/1 mg/I ug/1 ug/1 ug/l mgA mgn 1 0.136 6.71 2 NOFLOW 3 NOFLOW a 0.108 16.71 5 0.112 6.63 6 0800 2330 0.08 6.67 6 0.016 7 0.088 6.5 8 NOFLOW 9 NOFLOW 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 NOFLOW 1S NOFLOW 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 NOFLOW ze NOFLOW 29 NOFLOW 30 NOFLOW Monthly Average Limit: IS 0.27 Monthly Average: 0.1048 1 1 16 1 1 10.016 Daily Maximum: 0.136 6.71 1 6 0.016 Daily Minimum: 0.08 6.5 1 6 1 1 0.016 "•• No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 06-2018 (June 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) o w 12 _ e' (5 E U a F' E - O m s t- 0 O — o z O o n 9 Z 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 clock H. 2400 clock I H. YIB/N I mg/I I ug/I mg/I I mg/I mg/I mgll I ug/I ug/I I nm mg/l 1 2 NOFLOW 3 NOFLOW 4 5 6 0800 2330 1 0.0054 9.6 0.0086 <5 1.1 0.986 7 8 NOFLOW 9 NOFLOW 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 NOFLOW is NOFLOW 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 NOFLOW 28 NOFLOW z9 NOFLOW so NOFLOW Monthly Average Llmit: 6.1 243.2 3.37 Monthly Average: 0.0054 9.6 0.0086 0 1.1 10.986 DailyMaumum: 0.0054 1 9.6 0.0086 0 1.1 0.986 Daily Minimum: 0 0054 9.6 0.0086 0 1.1 0.986 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 06-2018 (June 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 O 1 C Z 00070 Monthly Grab TURBD)TY 2400 clack ntu I 2 3 J 5 6 0715 8 7 s 9 10 It 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Average Limit ' Monthly Average: 8 Daily Mmdmum: 8 Daily Minimum: 8 ""NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday NPDMS PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE. PCNC eD1t1It PERIOD: 06 2018 (June 2018) COMPLIANCE STATUS: Con_ rpliant PERMITVERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: LO 8289193155 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 07/10/2018 ORC/Certifier Signature: Charlie G Ho,411 E-Mall:ehowell r@azr,00m Phone H:8653540955 By Oils signature, I certify that this report is accurate and complete to the best of my knowledge. 07/09/2018 Date The permittee shall report to the Director or Ore appropriate Regional 011lee any noncompliance that potentially threatens public health or fire environment. Any information shall he provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of correctivebeing taken and a time -table for improvements to bo made as required by part 11.13.6 of the NPDES permit. 07/10/2018 Permlttee/Subrnitter Signature:*** Rob t Williamson E-Mail:rwilliamson@horsehead,net Phone 0:828-919-3134 Date Permitteo Address: 484 Hicks Grove Rd Mooresboro NC 28114 PermitExpimtion Dntc: 07/31/2018 I certify, under penalty of law, that this document and all attaclmients were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the Information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true; accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAD NAME: Pace Analytical CERTIFIED LAB P. 40 PERSON(s) COLLECTING SAMPLES: Keith Morris, arant7ones PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting httpJ/potial.nodenr.orghveb/wq/Swplo/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. *" ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 80.0204. *** Signature of Permittee: If signed by other than the permitter, Ilion delegation of the signatory authority must be on file with fire state per 15A NCAC 2B .0506(b)(2)(D). f r NPDES PERMIT NO.: NC0089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 06-2018 (June 2018) Report Comments: PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed Second sample (semi-monthly) could not be taken due to lack of discharge. NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC C COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No JUN 0 8 2018 eDMR PERIOD: 04-2018 (April 2018) VERSION: 1.0 CC- JTI'</kL STATUS: Processed FILES DWR SECTION SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 o — E y z a` z 00070 Monthly Grab T1mamTv 2400 clock ntu I 2 3 0930 2.9 4 5 6 7 8 9 10 II 12 13 la 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Avetage Limit: Monthly Average: 2.9 Daily Maximum: 2.9 DailyMinimum: 12.9 ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday Division or J U N 1 8 2018 Water Quality Regional Operations AshevTp Regional Office NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 04-2018 (April 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO o n o V E F u a E- 6 F — — 2 O y O 2 - O o a O e e u a` Z 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW PH NH3-N-Cone TSS-Cone ALUMINUM ANTIMONY A, -TOTAL CADMIUM CHLORIDE 2400 clock Hn 2400 clock H. YA31N mgd so mg/l mg/1 u9/1 ug/l ugA mg/1 M94 1 NOFLOW 2 0.089 6.67 3 0800 2415 0.103 6.88 1 4.1 0.013 4 1 1 0.101 6.79 5 0830 2400 NOFLOW 6 NOFLOW 7 NOFLOW 8 NOFLOW 9 0.117 6.64 10 0.104 6.75 11 0.103 7.05 12 0.093 6.88 13 NOFLOW 14 NOFLOW is NOFLOW 16 0.024 6.76 17 NOFLOW i8 NOFLOW 19 NOFLOW 20 NOFLOW 21 1 1 1 1 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 0.078 7.32 - 27 0.082 8.05 28 NOFLOW 29 NOFLOW 30 1000 2230 1 0.08 6.72 <2.5 1 0.06 Monthly Aremgc Limit: 0.8 0.27 Monthiv Avenge; 0.088545 2.05 0.0365 Daily Dla:imum: 0.117 8.05 14.1 0.06 Daily Minimum: 0.024 6.64 1 0 10.013 "•• No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 04-2018 (April 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) E " E r - u a 2 - O F E O - o x O a & Z 01034 01037 01042 00951 01045 01051 01067 TGP3B 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite CrvTOTAL COBALT COPPER F-TOTAL [RON LEAD NICKEL CER17DPF TIN TURBMTY ZINC 2400 cloak H. 2400 clock H. Y/B/N mg/I I ug/I mg/I I mg/I mg/I I mg" ug/I I pass/fail ugfl I am mg/I 1 NOFLOW 2 3 0800 2415 < 0.005 7.7 < 0.005 < 5 < I 3.5 4 PASS 5 0830 2400 NOFLOW 6 NOFLOW 7 NOFLOW 8 NOFLOW 9 ID 11 12 13 NOFLOW 14 NOFLOW is NOFLOW 16 17 NOFLOW I9 NOFLOW 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 27 28 NOFLOW 29 NOFLOW 30 1000 2230 1 1 1 1 8.7 0.006 1 6.51 MonthlyA—g.Limit: 6., 243.2 3.37 Monthly A—ge. 4.35 7.7 0.003 0 10 5.005 Daily Maximum: 1 8.7 7.7 0.006 0 0 6.51 Daily Minimum: 0 1 1 17.7 1 10 0 0 3.5 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation- Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY:- Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 04-2018 (April 2018) VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) C F E o U 6 - F E F O n O O a O K a` Z 240D clock H. 2400 clock H. YB/N 1 NOFLOW 2 3 0800 2415 4 5 0830 12400 1 NOFLOW 6 NOFLOW 7 1 NOFLOW 8 NOFLOW 9 10 11 12 13 NOFLOW 14 NOFLOW 15 NOFLOW 16 17 NOFLOW 1& NOFLOW 19 NOFLOW 20 NOFLOW z1 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 27 28 NOFLOW 29 NOFLOW 30 1000 12230 Monthly Average Limit: Monthly Average: `Deity Mavmum: Daily Minimum: ****No Reporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 04-2018 (April 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 o E c` z 00070 Monthly Grab TtivamTY 2400 clock ntu 1 2 3 0930 2.9 a 5 6 7 8 9 10 11 12 13 la 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Avenge Limit: Monthly Average: 2.9 Daily Maximo m: 2.9 Daily Minimum: 2.9 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: MC0089109 FACILITY NAME: American Zinc Products, LLC OWNER NA14IE: American Zinc Products LLC GRADE: PCNC eDfY1R PERIOD: 04-2018 (April 2018) COMPLIANCE STATUS: Compliant 7 PERMIT VERSION: 2.1 CLASS: PCNC ORC; Not Required ORC HAS CHANGED: No, VERSION: 1.0 CONTACI' PHONE #: 8289t93155 PERMIT STATUS: Active COUNTY: Rutherford ORG CE RT NUNYBER: 905,191 STATUS: Processed SUBMISSION DATE: 05/25/2018 ORC/Certifier Signature: Charlie �G Howell E-Mail:,cfiowell@azr.com azr.com Phone #:8653540955 By this signature, I certify that this report is accurate and complete to the best of my knowledge. !2018 Date The permitted. shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment; Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 05/25/2018 Permittee/Submitter Signature:*** Rebel Williamson E-Mail:rtv'illianison@horschead.net Phone #:.828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted._ Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Auaytical Services, LLC / ETT Environmental. Inc CERTIFIED LAB It: 40,022 PERSON(s) COLLECTING SANIPLES: Grant Jones PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807=6300 or by visiting littp://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per I SA NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permitted, then delegation of the signatory authority must be on file with the state per 15A NCAC 213 .0506(b)(2)(D). � NPDES PERMIT NO.: NC0089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 04-2018 (April 2018) Report Comments: PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 03-2018 (March 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active r E E I RUNTY: Rutherford 1 j U N 0 Q 2018 ORC CERT NUMBER: 995491 CENTRAkL FILESTATUS: Processed OWR SECTION SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 C F _ C Z 00070 Monthly Grab TURBIDTY 2400 clock ntu 1 2 3 4 5 6 7 0730 17 s 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: Monthly Average: 17 Daily:lla:ltuum: 17 Daily Minimum: 17 *"s No eporting Rso_ EN#j1SEip Reuse/Recycl ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday J U N 1 8 2018 Water Qualihr Regional Operations Asheville Rep;erial Office NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 FACILITY NAME: American Zinc Products, LLC CLASS: PCNC OWNER NAME: American Zinc Products LLC ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 03-2018 (March 2018) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO C E E U' E P _ _ 12 E F ._ u o n F O C O C _ _ C z sooso 00400 C0610 Co530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH NHl-N-Coot T55-Coot ALUMINUM ANTIMONY Ae-TOTAL CADMI[7M CHLORIDE 2400 clock Hm 2400 clock Ho Yr&N mgd su mg/I mg/l ug/I ugA ugA m9A mg/l 1 0.13 6.59 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 0.131 6.5 6 0.13 6.02 7 0800 2315 0.135 6.72 15.7 0.093 8 0.142 16.72 9 0.143 6.59 10 NOFLOW 11 NOFLOW 12 0.132 6 13 0.161 6.21 14 0.13 6.14 15 0.145 6.06 16 NOFLOW 17 NOFLOW is NOFLOW 19 NOFLOW 20 NOFLOW 21 0.13 6.35 22 0900 2315 0.146 7.09 1 3.1 1 0.012 23 0.143 7.3 24 NOFLOW 25 NOFLOW 26 0.141 6.38 27 0800 2400 0.142 6.96 < 0.1 ill < 5 < 10 274 28 0.141 6.88 29 0.115 6.8 30 1 0.087 7.42 31 NOFLOW Monthly Avcmge Limit: 0.8 0.27 Monthly Average: 0.134667 0 9.4 1111 0 0 0.0525 274 Dolly Mnnlmum: 0.161 17.42 10 15.7 111 0 10 0.093 274 Daily Minimum: 0.087 6 0 3.1 111 0 0 10.012 274 ••' No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 03-2018 (March 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE': NO (Continue) G � e E U P - a F F 0, n O e t- O — C O x z Z 01034 01037 01042 00951 01045 OID51 01067 01102 00070 01092 TGP3B 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL TINTURBIDTY ZINC CER17DPF 2400 clock Hn 2400 clock Ho Y/B/N mg/I I u9A mg/1 I mg/I mg/I I mg/l ug/I I ug/1 nm mgfl 1 pass/fail 1 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 6 7 0800 2315 <5 8.1 <0.005 <5 3.1 7700 FAIL s 9 10 NOFLOW 11 NOFLOW 12 13 14 15 16 NOFLOW 17 NOFLOW is I I I NOFLOW 19 NOFLOW 20 NOFLOW 21 22 0900 2315 <5 <0.005 2350 23 24 NOFLOW 25 NOFLOW 26 27 0800 2400 <5 6.6 <50 <5 28 29 30 31 NOFLOW Monthly Average Llmit: 6.75 243.2 3.37 Monthly Avenge: 0 0 16.6 8.1 1 0 10 10 0 3.1 5025 Daily Maximum: 0 0 6.6 8.1 0 0 0 0 3.1 7700 Duuy Minimum: 0 0 6.6 8.1 0 0 0 0 3.1 2350 * * * * No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 03-2018 (March 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) — C F _ E U E F — - F fi t — _ O F e O - o w O GL a m Z 2400 clock H. 2400 clock H. Y/B/N 1 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 6 7 0800 2315 a 9 10 NOFLOW 11 NOFLOW 12 13 14 15 16 NOFLOW 17 NOFLOW 18 NOFLOW 19 NOFLOW 20 NOFLOW 21 22 0900 2315 23 24 NOFLOW 25 NOFLOW 26 27 0800 2400 28 29 30 31 NOFLOW Monthly Aremge Limit: Monthly Aremgc: Daily Mnilmum: Daily Minimum: ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 03-2018 (March 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 ` o F E � Z 00070 Monthly Grab TURBIDTY 2400 clock ntu t 2 3 4 5 6 7 0730 16.8 8 9 10 11 12 13 li 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: Monthly Average: 16.8 Dolly Mavmum: 16.8 Daily Minimum: 16.8 ****No Reporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation —Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation—Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 03-2018 (March 2018) COMPLIANCE STATUS: Non -Compliant PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT,PRONE #: 8289193133 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 05/11/2018 05/09/2018 ORC/Certifier Signature: Robert Williamson E-Mail:rwilliamson cr horsehead.net Phone #:828-919-3134 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective act*s being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. i 05/11/2018 Permittee/Submitter Signature:*** Robert Williamson E-Mail: rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical Services, LLC CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Grant Jones, Israel Hernandez, Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NC0089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 03-2018 (March 2018) Report Comments: PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed ..'PDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC Ell COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required J U L 10 2018 ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No - FILES eDMR PERIOD: 05-2018 (May 2018) VERSION: 1.0 . - : AIR : i�a i i-IAL SECFION STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 ` c 6 h E a` � z' 00070 Monthly Grab 7'URBID7'Y 2400 clock ntu 1 2 3 J 5 6 7 8 9 0700 3.1 10 it 12 13 14 is 16 17 I8 19 20 ' 21 22 23 24 25 26 27 28 29 30 31 Monthly Avcrnge Limit: Monthly Avemgc: 3.1 Daily Maximum: 3.1 . Daily Minimum: 3.1 ENVWTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday ,ision of Water Resources JUL 1 6 2018 Water Quality Regional Operations Ashev;!.e. G ]I a1 strict= .4PDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2018 (May 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) o o [=. d E E U E — - e F EE _ _ O in - P o — C O a 0.0 Z 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 clock Hr, 2400 clock I Ho Y/BtN I mg/I I ug/l mg/I I mg1l mg/I mg/l ugA ug/I ntu mg/I t 2 3 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW a 9 0715 2310 0.0085 8.6 < 0.005 < 5 3.4 14.3 10 11 12 NOFLOW 13 ' NOFLOW 14 15 16 NOFLOW 17 is NOFLOW 19 NOFLOW 20 NOFLOW 21 22 23 0830 2230 < 5 < 0.005 1.59 24 25 26 NOFLOW 27 NOFLOW 28 29 30 31 Monthly Average Lhnit: 6.75 243.2 3.37 Monthly Average: 0.00425 8.6 0 0 3.4 7.945 Daily Maximum: 0.0085 8.6 0 0 3.4 14.3 Daily Minimum: 0 1 1 8.6 1 0 10 1 3.4 11.59 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather, NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday 'PDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2018 (May 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO m 0 .E E U E - U 'a 12 E F - O - �- F E 1 O = o O a` Z 50050 00400 C0610 COS30 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH NH3-N-Cone TSS -Conc ALUMINUM ANTIMONY As -TOTAL CADMUAI CHLORIDE 2400 clock H. 2400 clock H. Y/M mgd so mg/I mg/1 ug/1 ug/1 ug/1 mg/1 mg/I 1 0.083 7.01 2 0.082 6.77 3 0.087 6.75 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 8 0.073 6.42 9 0715 2310 0.077 6.76 25.8 0.049 10 0.094 16.64 11 0.095 7.27 12 NOFLOW 13 NOFLOW 14 0.107 6.92 15 0.041 6.63 16 NOFLOW 17 0.085 6.59 is NOFLOW 19 NOFLOW 28 1 1 1 1 NOFLOW 21 0.062 6.97 22 0.042 6.75 23 0830 2230 0.024 6.63 6.4 0.023 24 0.094 6.56 25 1 0.08 6.63 26 NOFLOW 27 NOFLOW 28 0.129 7.13 29 0.111 6.6 J0 0.118 6.6 31 0.142 6.72 Monthly Arcragc Lim1t: 0.8 0.27 Monthly Avcmgc: 0.085579 16.1 0.036 Daily Maximum: 0.142 7.27 25.8 0.049 Daily Minimum: 0.024 6.42 6.4 0.023 •'"•NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation - AdvelseWeather; NOFLOW =No Flow; HOLIDAY=NoVisitation- Holiday 'PDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2018 (May 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 G' E F x - a` Z 00070 Monthly Grab TURBIDTY 2400 clock ntu I 2 3 J 5 6 7 8 9 0700 2.9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: Monthly Average: 2.9 . Daly Mavmum: 2.9 Daily Minimum: 2.9 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERI4IIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 05-2018 (May 2018) 'VERSION: 1.0 STATUS: Processed COMPLIANCE STATUS: Compliant CONTACT PHONE M 8289193155 SUBMTSSION DATE: 06/25/2018 06/22/2018 ORC/Certifier Signature: Charlie G Howell E-Mail:chowell cr azr.com Phone #/:8653540955 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the petmittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of c rective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES pemiit 06/25/2018 Permittee/Submitter Signature ** Robert Williamson E-Mail:rwilliamsonQhorselicad.net Phone #:828-9I9-3134 Date Permittee Address; 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/3I/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Anaytical CERTIFIED LAB M 40 PEIRSON(s) COLLECTING SANIPLES: Grant Jones, AI Lewis, Israel 1lemandez PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting htip://portal.ncdenr.orghvebhvq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204, *** Signature of Permittee: If signed by other than the pennittee, then delegation of the signatory authority mast be on file with the state per 15A NCAC 2B .0506(b)(2)(D). .PDES PERMIT NO.: NC0089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2018 (May 2018) Report Comments: PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed Cantwell, Janet From: Harris James <jharris@horsehead.net> Sent: Friday, September 2..3, 2016 2:20 PM To: Cantwell, Janet; Staley Anthony Subject: RE: Twice a month sampling Janet, Thanks for the reminder regarding the twice per month sampling. As you are aware, we are in the "idle" mode at our facility and hope to start back up in the next 16 to 24 months. During this idle phase, it is difficult to gather effluent samples due to the lack of water that we have available during these low rainfall months and no production in the facility. But with that said, we will double down on efforts to ensure that 10 calendar days occur between the twice per month sampling. Jim Harris I Environmental Manager Horsehead Metal Products, LLC 484 Hicks Grove Road, Mooresboro I North Carolina 28114 C: 828-748-5283 1 P: 828-919-3139 jharris .horsehead.net From: Cantwell, Janet[mailto:janet.cantwell@ncdenr.gov] Sent: Friday, September 23, 2016 1:27 PM To: Harris James; Staley Anthony Subject: Twice a month sampling Hi Jim and Anthony ---Hope things are going well for you both. Just a reminder regarding twice a month sampling: In your permit: PART II, STANDARD CONDITIONS FOR NPDES PERMITS 0 SECTION A. DEFINITIONS 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. Let me know if you have any questions---Thanks---Janet Janet Cantwell Environmental Specialist —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828-296-4500 Office 828-299-7043 Fax Email: janet.cantwell(a�ncdenr.gov NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 01-2018 (January 2018) I PERMIT VERSION: 2_1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1_0 RECr-1VERw,uT STATUS: Active I COUNTY: RutherfordMAR 0 8 2o18ORCCERTNUMBER: 995491 CENTAL FILES GWR�SECTION STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 F 00070 Monthly Grab TURBIDTY 2400 clock ntu 1 NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 8 NOFLOW 9 NOFLOW 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 NOFLOW 1s NOFLOW 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 NOFLOW 28 NOFLOW 29 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Average Limit: Monthly Average: Daily Maximum• Daily nUnimum: **** No Reporting Reason: ENFRUSE = No Flow -Reuss 1 �� ;VED - Uivision of Water Resources MAR 1 2 2018 i Water Quality Regional Operation:: f Asheville Office. ENVWTHR=No Visitation— Adverse Weather, NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 01-2018 (January 2018) PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO N -E _ u' s E < e O F O o U O e ii a Z 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW PH NIU-N-Coos TSS-Coot ALUMINUM ANTIMONY AITOTAL CADMEZ,I CHLORIDE 2400 clock H. 2400 dock H. WRIN mgd I su mg/1 mg/l I ug/I ug/l ug/l mg/l mg/l I NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 8 NOFLOW 9 NOFLOW 10 NOFLOW It NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW Is NOFLOW 16 NOFLOW 17 NOFLOW 18 NOFLOW 19 NOFLOW 20 NOFLOW -I NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 NOFLOW 28 NOFLOW 29 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Average LlmiC 08 0.27 Momkly Avenge Dolly Maximum: Daily\Uaimum: ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather, NOFLOW =No Flow; HOLIDAY=NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 01-2018 (January 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) R F � '- — H = o o O a Z 01034 01037 01042 00951 01045 01051 01067 TGP3B 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL CER17DPF TIN TURBIDTY ZINC 2400 clock Hrs 2400 dock H. YB/N mg/l 119/1 mg/l mgn mg/l mg/1 ug/1 ass/fail ug/l nm I mg/1 1 NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 6 NOFLOW 9 NOFLOW 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 NOFLOW is NOFLOW 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 NOFLOW 2s NOFLOW 29 1 NOFLOW 30 NOFLOW 31 NOFLOW NimaWy Average Limit: 6.75 2432 337 Mamhly Average: Dally Maximum: Daily \Bnlmum: **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather, NOFLOW =No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 01-2018 (January 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) A — e U H o` O E` 0 U m o u K z 2400 clock H. 2400 clock H. Yn1lN 1 NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW ? NOFLOW 8 NOFLOW 9 NOFLOW 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 NOFLOW 18 NOFLOW 19 1 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 21 NOFLOW 28 NOFLOW 29 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Avenge UtniC Monthly Avengc: Daily I1lusfmum• Daily \linimum: ****NoReportingReason:ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather, NOFLOW =No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 01-2018 (January 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Ruthet%rd ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 a = h ft a` z 00070 Montlily Gmb TURBIDTY 2400 clack ntu I NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW B NOFLOW 9 NOFLOW 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW Is NOFLOW 16 NOFLOW 17 NOFLOW 1s NOFLOW 19 NOFLOW 2u NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 NOFLOW 2s NOFLOW 29 1 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Average Limit: Mon11,1yA-9c, Daily hraxlmum• Daily Minimum: ****NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 01-2018 (January 2018) COMPLLANCE STATUS: Compliant PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8289193139 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 02/23/2018 ORC/ ei ifier Signature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 By this signature, I certify that this report is accurate and complete to the best of my knowledge. 02/23/2018 Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours fiom the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions bei take nd a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. , 02/23/2018 i Permittee/Submitter Signature:*** Robert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40, 022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://poital.nedenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pernittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). -.3 PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 FACILITY NAME: American Zinc Products, LLC CLASS: PCNC OWNER NAME: American Zinc Products LLC ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 02-2018 (February 2018) VERSION: 1.0 PERMIT STATUS: Active E 0, F GOLJiVFY: Rutherford ORC CERT NUMBER: 995491 APR 0 3 107 16 r;rIq I KAL I"ILSi&US: Processed 0WR SECTION SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 0 e - = C _ z 7 00070 Monthly Grab TURBIDTY 2400 clock ntu I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 23 24 25 26 27 28 Monthly Avenge Limit: Monthly Average: Z Daily Ota:imum: 2 Daily \tiuimum: 7 **** No Rep ing Reason: ENFRUSE = No Flow-Reuse/Recycle; EN) Division of Water Resources APR - 9 2018 Water Quality Regional Operations Asheville Regional Office rWTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday PFP- FFAC ERMIT NO.: NC0089109 YNAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE: PCNC eDMR PERIOD: 02-2018 (February 2018) PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday .s PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 02-2018 (February 2018) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) Monthly Avemige Limit: **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday S PERMIT NO.: NC0089109 TACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 02-2018 (February 2018) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 p' E F E C _ j 00070 Monthly Grab TURBIDITY 2400 clock ntu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Is 16 17 18 19 20 21 22 1.6 23 24 25 26 27 28 Alunlhly Avenge Limit: Monthly Avenge: 1.6 Daily Maximum: 1.6 Daily Alinimum: 1.6 ****No Reporting Reason:ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation—Holiday S PERMIT NO.:CO089109 FACILITY NAME: Arican Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 02-2018 (February 2018) COMPLIANCE STATUS: Compliant PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8289193139 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 03/27/2018 1 03/23/2018 ORC/Certifier Signa(u)e: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office- any noncompliance that potentially threatens public health or the environment. 3 Any information shall be provided orally within 24 hours fiom the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective acti9A7beingAaksta,and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 03/27/2018 Permittee/Submitter Signature:*** Ro err` ' ramson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 FACILITY NAME: American Zinc Products, LLC CLASS: PCNC OWNER NAME: American Zinc Products LLC ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 12-2017 (December 2017) VERSION: 1.0 �P T STATUS: Active E'C�UN6PY: Rutherford FEB 1 3 CERT NUMBER: 995491 CENTRAL FILES GWR SECT TUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) a - U U 12 - G — O E — O 6 14 C _ & C` Z 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL I IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 clock Fin 2400 clack H. YB/N mm ug/I mg/l mg/I mg/1 mg/I ug/I ug/1 mu mg/I 1 0600 10 NOFLOW 2 NOFLOW 3 NOFLOW 4 0600 10 5 2400 24 0600 10 <0.005 6.6 <0.005 <5 1.4 2.52 6 0600 10 NOFLOW 7 0600 10 NOFLOW S 0600 10 NOFLOW 9 0600 10 NOFLOW 10 0600 110 NOFLOW 11 0600 10 NOFLOW 12 0600 10 13 0600 10 1 NOFLOW 14 0600 10 NOFLOW I5 1 0600 10 NOFLOW 16 NOFLOW 17 NOFLOW is 0600 10 NOFLOW 19 0600 10 1 NOFLOW 20 0600 10 NOFLOW 21 1 0600 10 NOFLOW 22 0600 10 NOFLOW 73 NOFLOW 24 NOFLOW 25 0600 10 NOFLOW 26 0600 10 NOFLOW 27 0600 10 NOFLOW 28 0600 10 NOFLOW 29 0600 10 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Average Limit: 6.75 243.2 337 MonthlyAvcragc: 0 6.6 10 0 1.4 2.52 Dahynlarlmum: 0 6.6 0 0 1.4 2.52 DailyNinimum: 0 6.6 0 0 1.4 2.52 staa ZLPagpD� LYxy1•y,�—= No r low-rceusein KrEU WED Division Of Water Resources FEB 1 9 2018 ENVWTHR=No Visitation- Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation- Holiday Water Quality Regional Operations Asheville Regional Office NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER'NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 12-2017 (December 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 � C F E C C z 00070 Monthly Grab TURBD)TY 2400 clock Btu I 2 3 4 5 6 0830 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Avenge Limit: Monthly Avenge: 4 Daily Marfmum: 4 Daily..\Dnimum: 4 ****NoReporting Reason: ENFRUSE=No Flow-Rcusc/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY. NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 12-2017 (December 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO o is S E i- E [= E ~ — O - w - E' O _ C t 7 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X Week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH NH3.N-Come TSS-Cane AL1711"UNI ANTIMONY As -TOTAL CADMIUM CHLORIDE 2400 clock H. 2400 clock H. Y/9/N mgd su mg/1 mg/I ug/l ug/1 ug/l mg/I mg/I 1 0600 10 NOFLOW 2 NOFLOW 3 NOFLOW 4 0600 10 1 1 0.11 6.37 5 2400 24 0600 10 0.087 6.15 < 0.005 0.042 6 0600 10 NOFLOW 7 0600 10 NOFLOW 8 0600 10 NOFLOW 9 0600 10 NOFLOW 10 0600 10 NOFLOW 11 0600 10 1 NOFLOW 12 0600 10 0.107 6 13 0600 10 NOFLOW 14 0600 10 NOFLOW 1s 0600 10 NOFLOW 16 NOFLOW 17 NOFLOW Is 0600 10 NOFLOW 19 0600 10 NOFLOW 20 0600 10 NOFLOW 21 0600 10 NOFLOW 22 0600 10 NOFLOW 23 NOFLOW 24 NOFLOW 25 0600 10 NOFLOW 26 0600 10 INGFLOW 27 0600 10 NOFLOW 28 0600 10 NOFLOW 29 0600 10 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Average Limit: 0.8 0.27 Monthly Average: 0.101333 10 0.042 Daily 111asimum: 0.11 6.37 0 0.042 Daily \linimum: 0.087 6 0 1 1 i i 0.042 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 12-2017 (December 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 = 0 E E C 7 00070 Monthly Grub TURBIDTY 2400 clack ntu I 2 3 4 5 6 0830 7 7 8 9 10 11 12 13 14 15 16 17 Is 19 20 21 22 23 24 26 27 28 29 30 31 Monthly Average Limit: Monthly Avenge: 7 Daily Maximum: 7 Daily Minimum: 7 ****NoReporting Reason: ENFRUSE --- No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 a FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 12-2017 (December 2017) COMPLIANCE STATUS: Compliant PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8289193139 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 01/29/2018 01/29/2018 ORC/ e tifier Signature: James D Harris E-Mail:jharris@azr.com Phone 4:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becorqs aware of the circumstances. If the facility is noncompliant, please attach_a.,' of c rTective a ions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES pen -nit. ,/-, / O1/29/201R Permittee/Submitter Signature:*** Robert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40, 022 PERSON(s) COLLECTING SAMPLES: James Harris PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://poital.ncdenr.org/web/Wq/swp/Ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 FACILITY NAME: American Zinc Products, LLC CLASS: PCNC OWNER NAME: American Zinc Products LLC ORC: Not Required GRADE:PCNC ORC HAS CHANGED: No PERMIT STATUS: Active R I!�r (P RiF r,,i COUNTY: Rutherford ORC CERT NUMBER: 995491 JAN 0 2 2018 eDMR PERIOD: 11-2017 (November 2017) VERSION: 1.0 DWR SECTION STATUS: Processed INFORMATION PROCESSING UNIT SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 c' E f — z 00070 Monthly Grab TURBIDTY 2400 clock ntu 1 2 3 4 5 6 7 8 2400 13.3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Avenge Limit: Dfonthly,bxrage: 13.3 Daily Maximum: 13.3 Daily Minimum: 13.3 "ass No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday IF D Division of Water Resources JAN - 8 2018 Water Quality Regional Operations Ashev'!:e RRrinnal Office NPDES PERMIT NO.: NCO089109 r FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE- PCNC eDMR PERIOD: 11-2017 (November 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation— Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 11-2017 (November 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) E - P - U' a < C e F C 1 O - o O i — ii z ,Z' 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL. COBALT COPPER F-TOTAL IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 clock H. 2400 clock H. YB/N mg/l 119/1 mg/l mg/l mg/l mg/l ug/l ug/l nm mg/l 1 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 2400 8 630 10 8 <0.005 7.5 <0.005 <5 1.4 13.46 9 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 14 15 16 17 NOFLOW 18 NOFLOW 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 NOFLOW 28 2400 8 630 10 0.076 1 <0.005 34.5 29 NOFLOW 30 Monthly Avenge Llmio 6.75 2432 337 Moothly Avenge: 0.038 7.5 0 0 1.4 18.98 Daily hla:lmum: 0.076 7.5 0 0 1.4 34.5 Daily\11n1mum: 0 1 1 75 0 0 11.4 3.46 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR =No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 j FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 11-2017 (November 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Ruthet%rd ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 ` o E H E z — m Z 00070 Monthly Grab TURDIDTY 2400 dock ntu I 2 3 4 5 6 7 g 2400 20.1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 Monthly Average Limit: Monthly Average: 20.1 Daily Maximum: -0.1 Daily MDnlmum: ,0.1 t'""NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 11-2017 (November 2017) COMPLIANCE STATUS: Compliant Al ORC/Certifier Si PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8289193139 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 12/18/2017 12/18/2017 ure: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective taken and atime-table for improvements to be made as required by part II.E.6 of the NPDES permit. � 12/18/2017 Permittee/Submitter Signature:*** Rm/ert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://poital.nedenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). FS PERMIT NO.: NCO089109 LITY NAME: American Zinc Products, LLC ER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 10-2017 (October 2017) PERMIT VERSION: 2.1 CLASS: PCNC PERMIT STATUS: Active R E C 1 I VEDNTY: Rutherford ORC: Not Required DE_ Q 0 6 2 0WRC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 - GENT�L FII-E�I'ATUS: Processed CWR SECTION SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 o° E F R. Z 00070 Monthly Grab TURBB3TY 2400 dock ntu 2 3 4 0800 6.4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NI-thly Average Llmih nfon ably Average: 6.4 Daily Maximum: 6.4 Daily Minimum: 6.4 ****No Reporting Reasoo�ENFRUSE4=-N6;FI'ow-Reuse/Recycle; ENVWTHR=No Visitation -Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation-Holiday Division of Water Resources DEC 1 1 2017 Water OL1,lity Regional Operations AsheviNe r^.en_,innal Office NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 10-2017 (October 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION:.'I.0 , , PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 0 6 F u E a U E F. - � 1- E f ._ O - h 1 O U O - H K` a` 2 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH NH3-N-Cane TSS-Cone ALUMINUM ANTIMONY As -TOTAL CADMHIilI CHLORIDE 2400 clack Hrs 2400 clock Hrs YBM mgd su mg/I mg/I ug/1 ug/l ug/I mg/1 mg/I I NOFLOW 2 0600 10 0.114 6.46 3 0600 10 0.062 6.65 4 0800 8 0600 10 0.135 16.13 2.5 0.12 5 0800 8 0600 10 NOFLOW 6 0600 6 NOFLOW 7 NOFLOW 8 NOFLOW 9 0600 10 NOFLOW 10 0600 10 0.067 6.56 11 0600 10 0.109 6.46 ' 12 0600 to 0.11 6.5 13 0600 6 NOFLOW 14 NOFLOW 15 NOFLOW 16 0600 10 0.105 6.31 17 0600 10 0.115 6.3 18 0800 8 0600 10 NOFLOW 19 0600 10 0.109 6.14 < 5 0.075 20 0600 6 NOFLOW 21 NOFLOW 22 NOFLOW 23 0600 10 0.115 6.5 _ 24 0600 10 0.107 6.18 25 0600 10 0.116 6.05 26 0600 10 0.106 6.25 27 0600 8 0.042 6.18 28 NOFLOW 29 NOFLOW 30 0600 10 0.116 6.46 31 0600 10 0.103 6.27 Monthly Average Limit: 0.8 0.27 Monthly Avengc: 0.101938 1 1 11.25 0.0975 Daily hlailmum: 0.135 6.65 2.5 0.12 Daily Minimum: 0.042 6.05 1 0 0.075 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation- Holiday ,:S PERMIT NO.: NCO089109 'ACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 10-2017 (October 2017) PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) """ No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 10-2017 (October 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) o E. u U F _ O' - O o' O o - x Z° 2400 clock H. 2400 clack H. YBM I NOFLOW 2 0600 10 3 0600 10 4 0800 8 0600 10 5 0800 8 0600 10 NOFLOW 6 0600 6 NOFLOW 7 NOFLOW 8 NOFLOW 9 1 0600 110 NOFLOW 10 0600 10 11 0600 10 12 0600 10 13 0600 6 NOFLOW 14 NOFLOW Is NOFLOW 16 0600 10 17 0600 10 is 0800 8 0600 10 NOFLOW 19 0600 10 20 0600 6 NOFLOW 21 NOFLOW 22 NOFLOW 23 0600 10 24 0600 10 25 0600 10 26 0600 10 27 0600 8 2s NOFLOW 29 1 1 NOFLOW 31 0600 10 3t 0600 10 Monthly Average L(miC 111anthly m—ge: Daily 6la:imum• Daily Minimum: **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday S PERMIT NO.: NC0089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active V LITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford ER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 10-2017 (October 2017) VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 c F C z 00070 Monthly Grab TnRRIDTY 2400 clack ntu 1 2 3 4 0800 6.1 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: Monthly Average: 6.1 Daily Afaslmum: 6.1 Daily 3linimum: 6.1 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation — AdvelseWeather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 10-2017 (October 2017) COMPLIANCE STATUS: Compliant PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE 4: 8289193139 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 11/21/2017 ORC/Qeryifier Signature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 By this signature, I certify that this report is accurate and complete to the best of my knowledge. 11/20/2017 Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actibig taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 11/21/2017 Permittee/Submitter Signature:*** Roberrl Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://pot-tal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 09-2017 (September 2017) PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1_0 PERMIT STATUS: Active CI VUNTY: Rutherford I N O V 0 6 2 017 ORC CERT NUMBER: 995491 1 CE-WRAL F'L'EgTATUS: Processed DWR SECTION SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 E t E C N 00070 Monthly Grab TURDIDTY 2400 clack ntu 3 4 5 6 7 8 9 10 11 12 13 13.4 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Average Limit: ' Monthly Average: 13.4 Daily Maximum: 13.4 Daily \Doimum• 13.4 **** No Reporting Reason: ENFRUSE = No Flow-Rcuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday Divis!otl ui Ifdi-,or Roscurcos NOV 1 3 2017 1 W21---, Oii�li'v r;eqional Operations NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 09-2017 (September 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO a H U - f U — E ~ — e O ° C .. O o u O ° a _ z ra , 7 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH N1I3-N-Cone TSS-Cone ALUMINUM ANTIMONY As -TOTAL CADMIUM CHLORIDE 2400 clock H. 2400 clack 11. YBIN mgd su mg/l mg/l 119/1 ug/I ug/l mg/l mg/l I NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 8 0600 10 0.083 6.8 9 NOFLOW 10 NOFLOW 11 0600 10 0.161 6.64 12 0600 10 0.181 6.47 13 2400 24 0600 10 0.151 6 6 0.075 14 0600 10 0.014 Is NOFLOW 16 1 NOFLOW 17 NOFLOW Is 0600 IO 0.237 6.42 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 0600 10 1 0.096 6.26 26 0600 10 0.188 6.46 27 2400 2400 0600 10 0.16 6.55 < 5 0.26 28 0600 10 1 0.095 6.26 < 5 29 NOFLOW 30 NOFLOW Monthly Average Limit: 0.8 0.27 Monthly Average: 0.1366 2 0.1675 Dally Macimum: 0.237 6.81 6 0.26 Daily Minimum: 0.014 6 1 10 0.075 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 09-2017 (September 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) o F U E [-' E O in O u O ° a 94 7 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 clack 11. 2400 clock H. VEIN mg/I ug/I nigh mg/I mg/I mg/I ug/I ug/I nm mg/I I NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 8 0600 10 9 1 NOFLOW 10 NOFLOW 11 0600 10 12 0600 10 13 2400 124 0600 10 < 0.005 1 5.2 0.0054 < 5 1 3 11.9 14 0600 10 15 NOFLOW 16 NOFLOW 17 1 1 1 NOFLOW 18 0600 10 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 NOFLOW 23 1 NOFLOW 24 NOFLOW 25 0600 10 26 0600 10 27 2400 2400 0600 1 10 <0.005 <0.005 3.9 28 1 0600 10 29 NOFLOW 30 NOFLOW Monthly Average Limit: 6.1 243.2 337 01antlly.Ueragea 0 5.2 0.0027 0 3 2.9 Daily Maximum: 0 5.2 0.0054 0 3 3.9 Wily:•llnlmum: 0 15.2 1 10 0 3 1.9 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 09-2017 (September 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 F a` z 00070 Monthly Grab TURBIDTY ' 24OU clock ntu 7 3 4 5 6 7 8 9 10 11 1• 13 13.1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Average Limit: Monthly Avenge: 13.1 Daily M.A m: 13.1 Daily Minlmum: 13.1 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 09-2017 (September 2017) VERSION: 1.0 STATUS: Processed COMPLIANCE STATUS: Compliant CONTACT PHONE #: 8289193139 SUBMISSION DATE: 10/26/2017 10/25/2017 ORC/Certifier S)gnature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncornpliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 10/26/2017 Permittee/Submitter Signature:*** Robert Willi tnson E-Mail:rwilliamson@horsehead.net Phone 4:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, hue, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting littp://poital.ncdenr.org/web/wq/swp/ps/npdes/fomis. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 ERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required A U U 3 1 201 /7 ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No CE �,ITRA\,L, FILES eDMRPERIOD: 07-2017(July 2017) VERSION: 1.0 OWrFj S E- CTIM STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 0 F U E O O O _ 2 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarter) Y Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pit NH3.N-Cone TSS-Cone ALUMINUM AIITIMONY As TOTAL CADSIHIM CHLORIDE 2400 clock H. 2400 clack H. YB .N mgd so mg/1 mg/1 ug/l ug/I ug/I mg/I mg/I I NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 0630 10 0.103 6.96 6 0800 24 0630 10 0.209 6.88 ' > 0.1 > 9.6 114 > 5 > 10 0.078 261 7 NOFLOW 8 NOFLOW 9 NOFLOW 10 10630 10 0.273 6.92 11 0630 10 0.153 6.71 12 0630 10 0.18 6.71 13 0630 10 0.104 6.68 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 0630 10 0.218 6.77 is 0630 10 1 0.166 6.75 19 0800 24 0630 10 0.147 6.67 5.6 0.045 20 0630 10 0.147 6.63 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 0630 10 0.182 6.8 25 0630 10 0.178 6.71 26 0630 10 0.17 6.76 27 NOFLOW 28 NOFLOW 19 NOFLOW J0 110 NOFLOW 31 0630 1 1 0.112 7.1 Monthly Average Limit: 0.8 0.27 Monthly Average: 0.167286 0.1 7.6 1114 5 10 0.0615 261 Daily Maximum: 0.273 7.1 0.1 9.6 114 5 10 0.078 261 pil Minimum: wl 0.103 6.63 0.1 5.6 114 5 10 0.045 261 ****ro Reporting ReEdi:ENFRUSE�-No Flow-Reuse/Recycle; ENVWTHR=No Visitation -Adverse Weather; NOFLOW=No Flow; HOLIDAY=No Visitation -Holiday Division of Water Resources I S E P 5 2017 Water Quality Regional Operations Asheville Regional Office NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 07-2017 (July 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) C E — '- u u F E p — — O O E O _ e` O _ s re 7 01034 01037 01042 00951 01045 01051 01067 TGP311 01102 00070 01092 2 X month Quarterly Q Y Quarterly Q Y Month) Y Quarterly Q Y 2 X month Month) Y Quarter) Y Quarterly Q Y Month) Y 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL CER17DPF TIN TURBIDTY ZIRC 2400 clock H. 2400 clock H. Y/B/N mg/1 I ug/l mg/l I mg/l mg/l I mg/l u9/1 I pass/fail ug/t nm mg/l 1 NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 0630 10 6 0800 124 0630 10 1 1 > 0.005 1>5 > 0.005 16.8 > 0.05 1 > 0.005 > 5 > 5 13.8 2.28 7 NOFLOW 8 NOFLOW 9 NOFLOW 10 10630 10 11 0630 10 12 0630 10 PASS 13 0630 10 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 0630 10 18 0630 10 19 0800 24 0630 10 > 0.005 > 0.005 1.52 20 0630 10 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 0630 10 25 0630 10 26 0630 10 27 NOFLOW 28 NOFLOW 29 NOFLOW 30L NOFLOW 31 0630 10 Monthly Average Limit: 6.75 243.2 3.37 Monthly Average: 0.005 5 0.005 6.8 0.05 0.005 5 1 5 113.8 1.9 Daily llfazimum: 1 0.005 5 0.005 6.8 10.05 0.005 5 1 5 13.8 2.28 Daily \1lnimum: 0.005 5 0.005 6.8 0.05 0.005 5 1 1 5 13.8 1.52 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 07-2017 (July 2017) CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) G P 6 _ U _ U 1= O F O U O a a 7 2400 clack H. 2400 clock H. YBN 1 NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 0630 10 6 0800 24 0630 10 7 NOFLOW a NOFLOW 9 NOFLOW 10 1 0630 10 11 0630 110 12 0630 10 13 0630 10 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 0630 10 Is 0630 10 19 0800 24 0630 10 20 0630 10 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 0630 10 2s 1 0630 10 z6 0630 10 27 NOFLOW 28 NOFLOW 29 NOFLOW 30 NOFLOW 31 0630 10 Monthly Average Unit: Monthly Average: Daily Maximum: Daily Minimum: ****No Reporting Reason: ENFRUSE =No Flow-Reuse/Recycle; ENVWTHR=No Visitation —Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation—Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 07-2017 (July 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Ruthel%rd ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 c E t h _ 00070 Monthly Grab TlmD1DTY 2400 clod: ntu 1 2 3 4 s 6 83.4 7 8 9 to u 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 \lant6ly Avenge Limit: Dtontidy Avenge: 83.4 Daily Maximum: 83.4 Daily alinlmum: 83.4 """"NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather,, NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 07-2017 (July 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 c E F h C _ z 00070 Monthly Gmb TDltnwTY 2400 dock ntu 1 2 3 4 5 6 87.3 7 8 9 to u 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Umic Al-thly Average: 87.3 Daily Maximum: 87.3 Daily Mal mum: 87.3 """NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 07-2017 (July 2017) VERSION: 1.0 STATUS: Processed COMPLIANCE STATUS: Compliant CONTACT PHONE #: 8289193139 SUBMISSION DATE: 08/25/2017 08/24/2017 ORC/Certifier Signature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours fiom the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please att a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 4 08/25/2017 Permittee/Submitter rgnature:*** Robert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://poital.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 08-2017 (August 2017) PERMIT VERSION: 2.1 CLASS: PCNC FRIEC E 1! U ORC: Not Required O C T 1 i 701, ORC HAS CHANGED: No VERSION: 1.0 CENTRAL FILE:= DWR SECTIOi, PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 E f m' C — Z 00070 Monthly Grab TDRRIDTY 2400 dock ntu 1 2 0800 10.9 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Is 19 20 21 22 23 24 25 26 27 28 29 30 31 Manlhty Average LImiC Moodily Avecag.: 10.9 May Moalmum: 10.9 Daily Minimum: 10.9 :eason:•ENFRU E=No Flow-Reuk/Recycle; ENVWTHR=No Visitation— AdverseWeatlter; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday :UCIV� of Water Resources OCT 1 7 2017 Water Quality Regional Operations Asheville Regional Office NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 08-2017 (August 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 0 — E U - U F= — O O E P — E 1 O — 0 UK O — a 94 Z 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH N113-N-Cone TSS-Come ALUMINUM ANTIMONY As -TOTAL C,U13fIU3f CHLORIDE 2400 clock Hrs 2400 clock H. YB.N mgd so mg/I mg/I ug/l ugfl 119/1 mg/l mg/1 1 0600 10 0.123 6.64 2 0730 24 0600 10 0.106 6.67 <3.5 0.059 3 0600 10 0.123 6.64 4 0600 5 NOFLOW 5 NOFLOW 6 NOFLOW 7 0600 10 0.089 6.75 8 0600 10 0.101 6.46 9 0600 10 NOFLOW 18 0600 10 0.118 6.46 11 0600 5 NOFLOW 12 NOFLOW 13 NOFLOW 14 0600 10 1 1 0.063 6.43 15 0600 10 0.194 6.42 16 0730 24 0600 10 0.067 6.47 5.4 0.13 17 0600 10 0.063 6.67 18 0600 5 NOFLOW 19 NOFLOW 20 NOFLOW 21 0600 10 0.144 6.38 22 0600 IO 0.109 6.18 73 0600 10 NOFLOW 24 0600 10 1 0.147 6.39 15 0600 5 NOFLOW 26 NOFLOW 27 NOFLOW 28 0600 10 0.129 6.55 29 0600 10 1 NOFLOW 30 1 0600 10 NOFLOW 31 0600 10 NOFLOW Monthly Average Limit: 0.8 0.27 1ltontkly Average: 0.112571 2.7 1 0.0945 Daily Maximum: 0.194 6.75 5.4 0.13 Dailyannimum: 0.063 6.18 1 0 10.059 ****No Reporting Reason: ENFRUSE =No Flow-Reuse/Recycle; ENVWTHR=No Visitation —Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 08-2017 (August 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) °7izti O y U u` F - O O _ o° O _ & a` z 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Q Y Quarterly Q Y Monthly Y Quarterly Q Y 2 X month Monthly Y Quarterly Q Y Monthly Y 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 el.& H. 2400 el.& H. YIBIN mg/I ug/l mg/l mg/l mg/l Mgt[ ug/l ug/l run mg/l 1 0600 10 2 0730 24 0600 10 <0.005 6.7 <0.005 <5 1 2.03 3 0600 10 4 0600 5 NOFLOW 5 NOFLOW 6 NOFLOW 7 0600 10 s 0600 10 9 0600 10 NOFLOW 10 0600 10 11 0600 5 NOFLOW 12 NOFLOW 13 NOFLOW 14 0600 10 1s 0600 10 16 0730 24 0600 10 1 5.5 <0.005 10.5 17 0600 10 18 0600 5 NOFLOW 19 NOFLOW 20 NOFLOW 21 0600 10 22 0600 10 23 0600 10 NOFLOW 24 0600 10 25 0600 5 NOFLOW 26 NOFLOW 27 NOFLOW 29 0600 10 29 0600 10 NOFLOW 30 0600 10 NOFLOW 31 0600 10 1 NOFLOW Monthly Average Limit: 6.75 2431 337 himuldy Average: 75 6.7 0 0 1 6.265 Dally Maximum: 5.5 6.7 0 0 1 10.5 Daily Minimum: 0 6.7 0 0 1 2.03 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation —Holiday NPDES PERMIT NO.: NCO689109 FACILITY NAME: American Zinc Products,, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 08-2017 (August 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 a E F E h a` _ a z 00070 Monthly Grab TIMIDTY 2400 clock shy 1 2 0800 12.8 3 4 5 6 7 8 9 10 11 12 13 14 Is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: blonthly Average: 12.8 Daily Maximum: 12.8 . Daily Minimum: 12.8 **** No Reporting Reason: ENFRUSE = No Flow-Rcuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday v NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 08-2017 (August 2017) VERSION: 1.0 STATUS: Processed COMPLIANCE STATUS: Compliant CONTACT PHONE #: 8289193139 SUBMISSION DATE: 10/02/2017 09/29/2017 ORC/Certifier Signature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the pe ittee becomes aware of the circumstances. If the facility is noncompliant, please a hr t of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. , 10/02/2017 Permittee/Submitter ignature:*** Robert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://poi-tal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Perinittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 06-2017 (June 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1_0 PERMIT STATUS: Active REC UNTY: Rutherford ((( E JUL 19 2017 ORC CERT NUMBER: 995491 CENTRAL FILES STATUS: Processed DWR SECTION SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 E - z` i 00070 Monthly Grab TURBIDTY 2400 clack ntu 2 3 4 5 6 7 110 16.8 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Average Limit: 111anthly Average: 16.8 Daily Mnimum: 16.8 Daily Minimum: 16.8 ****No Reporting Reason:ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation —Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation—Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 06-2017 (June 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO o' F CA _ B U - - U — 73 F- F - : O 1 O o U O L z` Z 50050 00400 C0610 C0530 01105 01097 01002 01037 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH NH3-N-Cane TSS - Cone ALUAIIN'UM ANTIMONY As -TOTAL CADMIUM CHLORIDE 2400 clock Hn M. clock Hn YB .N mgd su mg/I mg/I ug/I ug/l ugfl mg/1 mg/I 1 0.185 6.73 NOFLOW 3 NOFLOW 4 NOFLOW 5 0.141 6.84 6 0.143 6.73 7 0800 24 0630 10 1 0.17 16.74 <5 1 0.057 8 0.154 6.72 9 NOFLOW 10 NOFLOW 11 NOFLOW 12 0.179 6.77 13 0.153 7.03 14 0.155 6.7 15 0.219 6.69 16 NOFLOW 17 NOFLOW Is NOFLOW 19 0.18 6.67 20 0.096 7.01 21 0730 24 10630 10 0.165 6.56 3 0.041 22 0.111 6.68 73 NOFLOW 24 NOFLOW 25 NOFLOW 26 0.144 6.63 27 1 NOFLOW T8 0.039 6.51 29 NOFLOW 30 NOFLOW Monthly Avenge Limit: 0.8 0.27 Monthly Avenge: 0.148933 1.5 1 0.049 Daily Ataaimum: 0.219 7.03 3 0.057 Daffy Minimum: 0.039 16.51 10 1 10.041 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 J FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 06-2017 (June 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) c F y U 2 - - U a 12 E F - - O O e - 1 O _ o` u 94 O e 3 - a a` 1 7 01034 01037 01042 00951 01045 01051 01067 0110E 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL I IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 clack H. 2400 clock H. YB/N mg/1 ugll mg/l mg/l mg/l mg/l ug/I ug/l mu mg/I I 2 NOFLOW 3 NOFLOW 4 NOFLOW s 6 7 0800 24 0630 10 < 0.005 5.7 < 0.005 < 5 5 2.5 8 9 NOFLOW to NOFLOW 11 NOFLOW 12 13 14 1s 16 NOFLOW 17 NOFLOW Is NOFLOW 19 20 21 0730 24 0630 10 1 <0.005 <0.005 2.8 22 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 27 NOFLOW 28 29 NOFLOW 10 NOFLOW Monthly Average Limit: 6.75 243.2 3.37 Monthly Average: 0 5.7 0 0 5 2.65 Daily hta=imurm 0 5.7 0 10 5 2.8 Dailyhlinimum: 0 1 1 15.7 1 0 0 1 5 2.5 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 06-2017 (June 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherfford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 o' e F _ rn z zi 00070 Monthly Grah TURBIDTY 2400 clock ntu I 2 3 4 5 6 7 10 18.2 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Avenge Limit: NI-thly Avenge: 18.2 Daily Maximum: 18.2 Daily Minimum: 18.2 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 06-2017 (June 2017) COMPLIANCE STATUS: Compliant PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8289193139 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 07/12/2017 S�J"% MA� 07/10/2017 ORC/Ce 'fier Signature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of correct' a ctions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. w N 07/12/2017 Permittee/Submitter Signature:*** R/bert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). .LI NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2017 (May 2017) PERMIT VERSION: 2.a RECEIVED CLASS:PCNC ORC: Not Required J U L 0 3 Z U i 17 ORC RAS CHANGED: ICDENTRAL FILES VERSION: 1.0 DWR SECTION PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO u B _ _ < P _ n Y tK 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH N113-N-Cone TSS-Cone ALUMINUM ANFIhIONY As -TOTAL CADh1IMI CHLORIDE clock H. 2400 dock It. Y/R,N mgd su mg/l mg/l ug/l ug/1 ug/l mg/l mg/I 1 0.163 6.59 r42400 2 0.184 6.5 3 0700 24 0700 10 0.15 6.59 <5 0.038 0.158 6.74 5 NOFLOW 6 NOPLOW 7 INOFLOW 8 0.135 6.63 9 0.185 6.49 10 0.192 6.51 1t 0.167 6.5 12 NOFLOW 13 NOFLOW 14 NOFLOW 1s 0.167 6.5 16 0.175 6.47 17 0700 24 0700 110 1 0.156 16.38 <5 10.034 1s 0.189 6.42 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 0.173 6.5 23 0.254 6.71 24 0.132 6.55 25 0.19 6.47 26 NOFLOW 27 NOFLOW 28 NOFLOW 29 NOFLOW 30 0.149 6.75 31 0.19 6.88 Monthly Average Limit: 0.8 0.27 himul yAverage: 0172722 0 0.036 _ Daulv6ia:imum: 0.254 6.88 0 0.038 t-- q V C L)r o Daiiy linimum: 0.132 6.38 0 0.034 No Reporting Reason: ENFRUSE = No JUL 1 0 2017 Water 01 iality Regional Operations Asheville Regional Office ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2017 (May 2017) PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) E E E ' O y - O Vol C O c C 7 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL TLX TURBIDTY ZINC 2400 clack H. 2400 clack H. I YB/N I me/I ug/I I mg/I mg/1 I mg/I mg/t ugA I ug/I am I mg/1 1 2 3 0700 24 0700 10 <0.005 4.6 <0.005 <5 1 1.19 4 5 NOFLOW 6 NOFLOW 7 NOFLOW s ' 9 10 11 12 NOFLOW - 13 NOFLOW 14 NOFLOW (5 16 17 0700 24 0700 10 <0.005 0.011 2.23 Is 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 23 24 25 26 NOFLOW 27 NOFLOW 28 NOFLOW 29 NOFLOW 30 JI 3lanth1y Average Lim,C 6.75 2432 3.37 ' 111omhly A—ge: 0 4.6 0.0055 0 1 1.71 Daily htaiimum: 1 0 1 4.6 0.011 0 1 2.23 Daily Minimum: O 1 1 14.6 0 10 11 11.19 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW =No Flow; HOLIDAY=NoVisitation- Holiday NPDES PERMIT NO.: NC0089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2017 (May 2017) PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Ruthet%rd ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 o t _ 12z m ` a 00070 Monthly Grab TURRIDTY 2400 clock ntu I 2 3 0730 8.1 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: Momthly Average: 8.1 Daily Maximum: 8.1 Daily Minimum: 18.1 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: American Zinc Products, LLC OWNER NAME: American Zinc Products LLC GRADE:PCNC eDMR PERIOD: 05-2017 (May 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 O E E a z 00070 Monthly Gmb TURBD3TY 2400 clock ntu 1 2 3 0730 7.6 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: hlonthly Average: 7.6 Dany hlaximum: 7.6 Daily Minimum: 7.6 '"" No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday c NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: American Zinc Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: American Zinc Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 05-2017 (May 2017) VERSION: 1.0 STATUS: Processed COMPLIANCE STATUS: Compliant CONTACT PHONE #: 8289193139 SUBMISSION DATE: 06/22/2017 t ! 06/22/2017 ORC/Certifier i ature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours fiom the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective cti ns ing taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 06/22/2017 Permittee/Submitter Signature:*** Rol/rt Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://pottal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). It NPDES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: American Zinc Recycling LLC GRADE:PCNC eDMR PERIOD: 04-2017 (April 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1_0 �® PERMIT STATUS: ActiveRECE/ `" TY: Rutherford J U N 06 Z 01 PRC CERT NUMBER: 995491 CENT FRA,L FILES DWR SECT-IOMIATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 ` p'12 5 - E w Z 00070 Monthly Grab TURDIDTY 2400 elaek nta 3 4 0815 97.3 s 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Manthly Average Limit: Mantldy Average: 97.3 Daily Maximum: 97.3 Daily \llnimum: 97.3 k .> No Reporting Reason: ENFRUSE = No Flow-Reuse/I RECEIVED Division of Water Resources JUN -1 2 2017 Water Quality Regional Operations Asheville Regional Office ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: American Zinc Recycling LLC GRADE:PCNC eDMR PERIOD: 04-2017 (April 2017) CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 o' e F C _ Z 00070 Monthly Gnb TURBII)TY 2400 dock 0tu 1 2 3 4 0815 107 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Monthly Avenge Limit: hianthly Avenge: 107 Daily Maximum: 107 Daily hllnimom: 1107 a"' No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: American Zinc Recycling LLC GRADE:PCNC eDMR PERIOD: 04-2017 (April 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Ruthet%rd ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO � S! --- """NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: American Zinc Recycling LLC GRADE:PCNC eDMR PERIOD: 04-2017 (April 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 00.1 NO DISCHARGE*: NO (Continue) ""' No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather, NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: American Zinc Recycling LLC GRADE:PCNC eDMR PERIOD: 04-2017 (April 2017) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) - G E - U [- E O _ F O — a O t a Z 2400 clack An 2400 clack H. YB .N 1 NOFLOW 2 NOFLOW 3 0630 10 4 0630 10 5 NOFLOW 6 0630 10 7 NOFLOW 8 NOFLOW 9 NOFLOW 10 0630 10 11 0630 10 12 0630 10 13 0630 10 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 0630 10 18 0630 10 19 0630 10 20 0630 10 21 NOFLOW 22 NOFLOW 23 NOFLOW 24 0630 10 25 0630 10 26 0630 10 27 0630 110 28 NOFLOW 29 NOFLOW J0 NOFLOW Monthly Avenge Limit: Manthly Average: Daily Ma21mum: Daily i111nimum: ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW =No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NC0089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: American Zinc Recycling LLC GRADE:PCNC eDMR-PERIOD: 04-2017 (April 2017) COMPLIANCE STATUS: Compliant 0 r. PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8287485283 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 06/01/2017 ORC/Certifier Signature: James D Harris E-Mail:jharris@azr.com Phone #:828-919-3139 By this signature, I certify that this report is accurate and complete to the best of my knowledge. 05/24/2.017 Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. w a 06/01/2017 Permittee/Submitter Signature:*** Robert Williamson E-Mail:rwilliamson@horsehead.net Phone #:828-919-3134 Date Peimittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I air aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNCRECEIV TY: Rutherford OWNER NAME: Horsehead Metal Products LLC ORC: Not Required 11 h� CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No dA 1 y 1 2017 eDMR PERIOD: 12-2016 (December 2016) VERSION: 1.0 CENTRAL FIL�TATUS: Processed DWR SECTION SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO A 1 � o U r r [-' 8 F O - y O f_ O 1 O z ,Z� 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pit A'H3-N-Cone TSS-Cone ALUMINUM AN7711fOb'Y As -TOTAL CADMI1131 CHLORIDE 2400 clock H. 2400 clock H. Y/e/N mgd so nl9/1 mg/l ug/1 u9/1 ug/l m9/1 mg/l 1 0.102 7.79 2 3 4 5 0.111 6.77 6 2400 24 0700 10 0.073 6.97 7 < 5 0.094 s 0.202 6.33 9 10 11 12 13 0.112 6.57 14 0.047 6.77 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3lanthly Avenge lrmiL• a.8 0.27 1Homhly.tvengc: 0.107833 0 0.094 Daily Maximum: 10.202 7.79 0 0.094 Daily Minimum: 0047 6.57 0 0.094 * No Reporting JWn. jfffY,Io Flow-Reuse/Recycle; ENVWTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday Ision of Water Resources FEB - 7 2017 Water Ouality Regional Operations Asheville Regional Office NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC OWNER NAME: Horsehead Metal Products LLC ORC: Not Required GRADE:PCNC ORC HAS CHANGED: No eDMR PERIOD: 12-2016 (December 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) Q F - oU U E u F P — O O o O C _ ca 7 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X month Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICtML I TIN TURDIDTY ZINC 2400 clock K. 2400 clock H. YlB.N mg/I u9/1 mg/l mg/l mg/l mg/1 ug/1 ug/1 nm mg/I 1 2 3 4 5 6 2400 24 0700 10 7 1 1 < 0.005 1 5.2 < 0.005 < 5 1 < I 14.43 8 9 10 II 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: 6.75 243.2 337 Monthly Avenge: 0 5.2 0 0 0 4.43 Daily NI -In um: 0 5.2 0 0 0 4.43 Daily' 0 15.2 10 0 1 0 4.43 **"*NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=No.Vis'itati drf,-Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: Horsehead Metal Products LLC GRADE:PCNC eDMR PERIOD: 12-2016 (December 2016) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 ` q - E ,1 c C z 00070 Monthly Gmb TURBIDTY 2400 clock ntu 2 3 4 5 6 7 0730 8.3 8 9 10 11 12 13 14 l5 16 17 18 l9 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average Limit: Monthly Average: 8.3 Daily Maximum: 8.3 Daily' Minimum: 8.3 ****NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: Horsehead Metal Products LLC GRADE:PCNC eDMR PERIOD: 12-2016 (December 2016) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC COUNTY: Rutherford ORC: Not Required ORC CERT NUMBER: 995491 ORC HAS CHANGED: No VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 p' E - C Z 00070 Monthly Grab TURBIDTY 2400 d.& ntu 1 2 3 4 5 6 7 0730 8.2 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3lanthly.4verage Ll.Al: Monthly Average: 8.2 Dully Afa:lmum: 8.2 Daily \finlmum: 8.2 ""'*NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday ,DES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 ,FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC OWNER NAME: Horsehead Metal Products LLC ORC: Not Required GRADE:PCNC eDMR PERIOD: 12-2016 (December 2016) COMPLIANCE STATUS: Compliant ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8287485283 a PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 01/13/2017 L V V 01/10/2017 ORC/Certifier Si nature: James D Harris E-Mail:jharris@horsehead.net Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The pennittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours fiom the time the pennittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES pen -nit. . 4__� 01/13/2017 Permittee/Submitter Signature:*"* R b6 ert Williamson E-Mail:r•williamson@horsehead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40, 022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Penmittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). DES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC C Ew I' V E D COUNTY: Rutherford OWNER NAME: Horsehead Metal Products LLC ORC: Not Required MAR A AR . 9 2017 Un 17 ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No I` eDMR PERIOD: 12-2016 (December 2016) VERSION:2.0 CENTRAL FILES STATUS: Processed DWR SECTION SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO F E` o E E E O a O a 2 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite FLOW pH i1T13-IV-Cam TSS-Can. ALUMINUM ANTIDIORY As -TOTAL CAD3IIMI CHLORIDE 2400 clock Hn 2400 clock 11. 1 YBN mgd su Ing/l I mg/l ug/l I ug/1 ug/i mg/1 I mg/I 1 0.102 7.79 2 0 3 0 4 0 5 0.111 6.77 6 2400 24 0700 10 0.073 6.97 7 0 < 5 0.094 e 0.202 16.83 9 0 10 0 11 0 12 0 13 0.112 6.57 14 0.047 6.77 15 0 16 a 17 0 18 0 19 0 20 0 21 0 22 0 23 0 24 0 25 0 26 0 27 0 28 0 29 0 30 0 31 0 Monthly Average Unit: 0.8 017 Monthly Average: 0.020871 0 0.094 Daily atailmum: 0.202 7.79 0 0.094 - DailyM.Icaum: 0 16.57 1 0 0.094 .x:. No Reporting Reason: ENFRUSE _ RECEIVED Division of Water Resourcee APR 1 0 2017 ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday War Quality Regional Operations Ashevllle Regional Office NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC OWNER NAME: Horsehead Metal Products LLC ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 12-2016 (December 2016) VERSION: 2.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) u 6 E F - u 'aU fi E < O C e C O voi o OO a a C Z 01034 01037 01042 00951 01045 01051 01067 01102 00070 01092 2 X month Quarterly Quarterly Monthly Quarterly 2 X mouth Monthly Quarterly Monthly 2 X month Composite Composite Composite Composite Composite Composite Composite Composite Grab Composite Cr-TOTAL COBALT COPPER F-TOTAL IRON LEAD NICKEL TIN TURBIDTY ZINC 2400 clock H. 2400 clack Hrs Y/B/N mg/1 I ug/l mgfl I mg/I mg/I mg/I I ug/I ug/l nm I mg/i I 2 3 4 5 6 2400 24 0700 10 7 < 0.005 5.2 < 0.005 < 5 < 1 4.43 s 9 10 11 12 13 14 Is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 monthly Avemge Limit: 6.75 243.2 337 111-thly A—ge: 0 5.2 0 0 0 4.43 Daily MaAmum: 0 5.2 0 0 0 4.43 Daily Minimum: 0 5.2 0 0 0 4.43 x+"'NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday DES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: Horsehead Metal Products LLC GRADE:PCNC eDMR PERIOD: 12-2016 (December 2016) PERMIT VERSION: 2.1 CLASS: PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 2.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 O ~a E h C x z 00070 Montlily Grab TURBIDTY 2400 clock ntu 1 2 3 4 5 6 7 0730 8.3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 M-tlay A—m L1.1t: 0loawly Avenge 8.3 Daily Maximum: 8.3 Daily Minimum: 8.3 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC OWNER NAME: Horsehead Metal Products LLC ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 12-2016 (December 2016) VERSION: 2.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 E r C z 00070 Monthly Grab TUR13IDTY 2400 clock ntu I 2 3 4 5 6 7 0730 8.2 8 9 10 I1 12 13 14 Is 16 17 Is 19 20 21 22 23 24 25 26 27 28 29 30 31 Monthly Average LinniC Monthly Average: 8.2 Daily Maal.— 8.2 Daily Alinicaum: 18.2 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday DES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: Horsehead Metal Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 12-2016 (December 2016) VERSION: 2.0 STATUS: Processed COMPLIANCE STATUS: Compliant CONTACT PHONE #: 8287485283 SUBMISSION DATE: 03/23/2017 03/23/2017 ORC/Certifier Signat r James D Harris E-Mail:jharris@horsehead.net Phone #:828-919-3139 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncornpliant, please attach a list of corrective actions ing taken and a tirne-table for improvements to be made as required by part II.E.6 of the NPDES permit. 03/23/2017 Permittee/Submitter Signatur•e:4'** Robert illiamson E-Mail:rwilliamson@hor•schead.net Phone #:828-919-3134 Date Permittee Address: 484 Hicks Grove Rd Mooresboro NC 28114 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: Pace Analytical, ETT Labs CERTIFIED LAB #: 40,022 PERSON(s) COLLECTING SAMPLES: Al Lewis PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting littp://poital.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pennittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). WDES PERMIT NO.: NCO089109 FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: Horsehead Metal Products LLC GRADE:PCNC eDMR PERIOD: 02 2 L7-(Fsbmw-y 017.) PERMIT VERSION: 2.1 PERMIT STATUS: Active CLASS: PCNC E C 9�/ E D COUNTY: Rutherford !f ORC: Not Required ORC CERT NUMBER: 995491 MAR 2 9 2017 ORC HAS CHANGED: No VERSION: 1.0 CENTRAL FILES STATUS: Processed DWR SECTION! SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 p` e F x C y 00070 Monthly Grab TURRIDTY 2400 dock alit 1 2 730 6.3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Monthly Average Limit: Monthly A—ge: 6.3 Daily Maximum: 6.3 Daily hauimum: 6.3 ****NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday biYiSRECEI VEDces APR 1 0 2017 Water Quality Regional Operations Asheville Re ionA Office NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: Horsehead Metal Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE:PCNC ORC HAS CHANGED: No eDMR PERIOD: 02-2017 (February 2017) VERSION: 1.0 STATUS: Processed i SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 O `5 f Z 00070 Monthly Gab TURBIDTY 2400 dock ntu 1 2 0730 6.8 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Monthly Average Limit: ' Monthly Average: 6.8 Daily hlaelma,,: 6.8 Daily hlin umor: 16.8 ****No Reporting Reason:ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation —Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation—Holiday PPP7RAflTPNPP:—00089109DES PEO.N FACILITY NAME: Horsehead Metal Products, LLC OWNER NAME: Horsehead Metal Products LLC GRADE:PCNC eDMR PERIOD: 02-2017 (February 2017) PERMIT VERSION: 2.1 CLASS:PCNC ORC: Not Required ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Rutherford ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO C F U = E- E O w O 1 O e 7 50050 00400 C0610 C0530 01105 01097 01002 01027 00940 Continuous 5 X week Quarterly 2 X month Quarterly Quarterly Quarterly 2 X month Quarterly Recorder Grab Composite Composite Composite Composite Composite Composite Composite 1 FLOW pH N113-N-Cone TSS-Cone ALUMINUM ANTIMONY As -TOTAL CADMIUM CHLORIDE 2400 clock 11. 2400 clock H. Y/D/N mgd so mgQ mg/l ug/l ❑g/I ugll mg/l mg/l 1 0.125 6.5 2 0800 23.5 0600 10 0.178 6.51 < 5 0.01 3 0 4 0 S 0 6 0.136 6.47 7 0.18 6.34 8 0 9 0.139 6.42 10 0 11 0 12 0 13 0.12 6.42 14 0 Is 0 16 0 17 0 18 0 19 0 20 0 21 0.145 6.59 22 0830 23 0600 10 0.15 6.5 3 0.083 73 0.119 6.35 24 0 25 0 26 0 27 0.121 6.63 28 0.131 6.79 Monthly Average Ltmiu 08 0.27 Monthly Awrage: 0.055143 1.5 0.0465 Daily htaximum: 0.I8 16.79 3 0.083 Daily Minimum: 0 6.34 0 0.01 ****NoReporting Reason: ENFRUSE=NoFloW-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation —Holiday NPDES PERMIT NO.: NCO089109 PERMIT VERSION: 2.1 PERMIT STATUS: Active FACILITY NAME: Horsehead Metal Products, LLC CLASS: PCNC COUNTY: Rutherford OWNER NAME: Horsehead Metal Products LLC ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 02-2017 (February 2017) VERSION: 1.0 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) c U' 12 O O Ucc O z 7 01034 01037 01042 00951 01045