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Home My WebLink AboutNCG140141_NOV and Inspection Report_20210416 3 p.STATE o- V m • �� ROY COOPER r ? C Governor Y DIONNE DELLFGATTI - '2 Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality April 16, 2021 CERTIFIED MAIL: 70161370 00016571 5859 RETURN RECEIPT REQUESTED Toxaway Concrete Attn: Jason Hall 720 Hewitts Road Topton, North Carolina 28781 Subject: NOTICE OF VIOLATION (NOV-2021-PC-0226) NPDES Stormwater General Permit NCG140000 Toxaway Concrete Certificate of Coverage NCG140141 Jackson County, North Carolina i Dear Mr. Hall: On March 17, 2021, staff from the Asheville Regional Office of the Division of Energy, i Mineral and Land Resources (DEMLR), conducted a site inspection for the Toxaway Concrete facility located at 64 Hunter Road, Jackson County, North Carolina.A copy of the Compliance Inspection Report is enclosed for your review. The site visit and file review i revealed that the subject facility is covered by NPDES Stormwater General Permit i NCG140000 under Certificate of Coverage NCG140141. Permit coverage authorizes the II discharge of Stormwater and process water from the facility to receiving waters designated as an unnamed tributary of Horsepasture River, a Class C;Tr:+waterbody in the Savannah River Basin. As a result of the site inspection, the following permit conditions violation(s) are noted: 1) Failure to Maintain a Stormwater Pollution Prevention Plan The Stormwater Pollution Prevention Plan was found to be incomplete and not properly maintained on site. 2) Failure to conduct Analytical Monitoring Analytical monitoring records for stormwater and process water discharges were not produced for any monitoring event beyond 2018. If D_E Q"� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Asheville Regional Office 1 2090 U.S.Highway 70 1 Swannanoa,North Carolina 28778 o:p:�mm Ewe menwaumry 828.296.4500 3) Failure to conduct Qualitative Monitoring Qualitative monitoring records were not produced for any event beyond 2018. 4) Failure to Provide Secondary Containment Secondary containment has not been provided for all bulk storage of liquid materials on site. Requested Response: You are asked to respond to this office, in writing,within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violation(s) have occurred as well as a Plan of Action to prevent these violation(s) from recurring. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Energy, Mineral & Land Resources regarding these issues. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296- 4500. Sincerely, Stanley 6Ai�kenl��EGA Regional Engineer Land Quality Section Enclosure: Inspection Report ec: Alaina Morman, Environmental Specialist Alaina.morman a ncdenngov Jennifer Holloway iennifer.hollowav@ncdenr.gov Stanley E. Aiken- Regional Engineer stan.aikengncdenr.gov er DE Q' North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources -!!�//ll//p Asheville Regional Office 1 2090 U.S.Highway 70 1 Swannanoa,North Carolina 28778 cao oAm iu _ G,.U...a m,moo ., 828.296.4500 Compliance Inspection Report Permit:NCG140141 Effective: 08/01/17 Expiration: 06/30/22 Owner: Toxaway Concrete SOC: Effective: Expiration: Facility: Toxaway Concrete County: Jackson Hwy 64 E Region: Asheville Cashiers NC 28717 Contact Person:Jason Hall Title: Phone:828-321-4239 Directions to Facility: System Classifications: SWNC, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/31/2021 Entry Time 11:OOAM Exit Time: 12:30PM Primary Inspector:Isaiah L Reed Phone: 828-296-4614 Secondary Inspector(s): i Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: ❑ Compliant 0 Not Compliant Question Areas: I Storm Water (See attachment summary) Page 1 of 3 Permit: NCG140141 Owner-Facility:Toxaway Concrete Inspection Date: 03/31/2021 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: On March 31, 2021 this facility was inspected for compliance. During the inspection,the following items were noted: 1)The Stormwater Pollution Prevention Plan was found to be incomplete and had not been maintained at the time of the inspection. the latest SWPPP Certification and monitoring data were from 2018. The permittee shall immediately review, revise and maintain the Stormwater Pollution Prevention Plan on site as outlined in the NCG140000 General Permit 2)Analytical monitoring for the stormwater and process water discharge has not been conducted. Facility staff described that the process water did not discharge. However, during the inspection, process water was observed discharging from the facility into an adjacent stream. The permittee shall immediately begin analytical monitoring efforts for stormwater and process water on site as outlined in the NCG140000 General Permit 3) Qualitative has not been conducted on site.The permittee shall immediately begin qualitative monitoring efforts as outlined in the NCG140000 General Permit. 4) Secondary containment has not been provided for all bulk storage of liquid material on site. the permittee shall immediately begin efforts to provide all secondary containment as outlined in the NCG140000 General Permit. Please give the above items your immediate attention. This facility will be re-inspected on or after May 11, 2021. If the above items have not been addressed at the time of the inspection, further action will be taken. If you have any questions, please contact this office at(828) 296-4614 Page 2 of 3 Permit: NCG140141 Owner-Facility:Toxaway Concrete Inspection Date: 03/31/2021 Inspection Type:Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ N ❑ ❑ #Does the Plan include a General Location(USGS)map? ❑ 0 ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ❑ 0 ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ N ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ 0 ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ 0 ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ #Does the Plan include a BMP summary? ❑ 0 ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ 0 ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ 0 ❑ ❑ #Does the facility provide and document Employee Training? ❑ 0 ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ❑ 0 ❑ ❑ #Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ❑ 0 ❑ ❑ i I Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: An up-to-date stormwater pollution prevention plan was not made available at the time of the Inspection. f Qualitative Monitoring Yes No NA NE I Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: Current qualitative monitoring records were not made available at the time of the inspection. I Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ❑ i #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment: Current analytical monitoring records were not made available at the time of the inspection. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ 0 ❑ ❑ #Were all outfalls observed during the inspection? U ❑ ❑ ❑ I #If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ N ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ❑ 0 ❑ ❑ Comment: Page 3 of 3