NCS000161_NOV-2023-PC-0445_20230825

ST11TE
ROY COOPER -
a
Governor "
ELIZABETH S.B1SER
Secretary
DOUGLAS R.ANSEL NORTH CAROUNA
lnterlm Director Environmental Quality
August 25, 2023
CERTIFIED MAIL 7019 1120 0002 0066 3422
RETURN RECEIPT REQUESTED
Charlie Stroman III
DyStar LP
8309 Wilkinson Blvd
Charlotte, NC 28208
Subject: Notice of Violation NOV-2023-PC-0445
Failure to Submit Additional Information
DyStar LP
NPDES permit NCS000161
Mecklenburg County
Dear Permittee:
Per the terms of your NPDES permit found in Part III, Section A. 8., you are required to provide
information to the Division when requested. Per the terms of your NPDES permit found in Part
III, Section B. I., you are required to apply for permit renewal no later than 180 days prior to the
expiration date. On May 18, 2023, the Division sent an additional information request as the
permit renewal application for stormwater permit NCS000161 had not yet been submitted. The
current permit expired on October 31, 2021 therefore a permit renewal application was due by
May 4, 2021. The Division followed up on this request for a permit renewal application on June
16, 2023 and August 2, 2023.
Our records indicate that as of the date of this letter, the permit renewal application has not been
received. Failure to provide requested information to the Division is a violation of the terms of
your permit, subjecting you to a possible assessment of civil penalties.
The following permit condition violations are noted:
Part III, Section A. 8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the permit issued pursuant to this individual permit or to determine compliance with
this individual permit. The permittee shall also furnish to the Director upon request, copies of
records required to be kept by this individual permit.
Based upon the above facts, I conclude as a matter of law that the DyStar LP violated or failed to
act in accordance with the requirements of NPDES Permit NCS000161 and G.S. 143-215.1(b). A
civil penalty of not more than $25,000.00 per violation may be assessed against a person
Q
FW � North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mall Service Center I Raleigh.North Carolina 27699-1612
919.707.9200

Page 2 of 2
who fails to file, submit, or make available any documents, data, or reports required by
G.S. 143-215.1(b). The State's enforcement costs in this matter may be assessed pursuant to G.S.
143-215.3(a)(9) and G.S. 143-282.1(b)(8).
In order to reduce the risk of receiving additional enforcement action,you must submit the
requested information within ten (10) days of receipt of this notice.
Please ensure that the requested information is sent to the Division. A review of your response
will be considered and you will be notified of any civil penalties that may be assessed regarding
these violations. if no response is received in this Office within the 10-day period, a civil penalty
may be assessed.
If you have any questions about this letter, please contact Brianna Young at 919-707-3647 or via
e-mail at [e-mail].
Sincerely,
Michael Lawyer, Stormwater Program Supervisor
Division of Energy, Mineral, and Land Resources
cc: NPDES Stormwater Program Files (Laserfiche)
Mooresville Regional Office
Toby Vinson, Chief of Program Operations, DEQ DEMLR