NCS000023_NOV_20190715

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
July 15, 2019
CERTIFIED MAIL 7003 2260 0005 5380 9365
RETURN RECEIPT REQUESTED
Good Earth Horticulture, Inc.
Attn. Guenter Burkhardt, Owner
5960 Broadway Street
Lancaster, NY 14086
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0505)
Good -Earth Horticulture, Inc. - Star Plant
NPDES Individual Industrial Stormwater Permit No. NCS000023
Montgomery County
Dear Mr. Burkhardt,
On April 22, 2019, Mike Lawyer and Lauren Garcia from the Fayetteville Regional and Raleigh
Central Offices of the Division of Energy, Mineral, and Land Resources (DEMLR), conducted a site
visit of the Good Earth Horticulture, Inc. - Star Plant located at 694 Griffin Farm Road, in
Montgomery County, North Carolina. The purpose of the site visit was to determine if the facility
qualified for a rescission of the NPDES Individual Industrial Stormwater Permit or if the facility is
required to renew the permit.
The subject facility was previously covered by NPDES Individual Industrial Stormwater Permit
NCS000023 until permit expiration on May 31, 2015. This permit authorized the discharge of
stormwater from the facility to receiving waters designated as Rita Branch, a class WS-III stream in
the Cape Fear River Basin.
It was determined that even though the facility's operations (processing and storage of landscaping
mulch) ceased approximately 15 years ago, a number of industrial items, including rusted drums
(contents unknown), tanks, abandoned processing equipment (conveyors/sorters/bins), used
pallets, and deteriorated, bagged product, continue to be stored throughout the site. A formal
rescission could not be approved while these materials remained onsite.
Mr. Burkhardt's representative, Rod Fitch, was informed by Lauren Garcia via email on April 24,
2019 that the Division was prepared to support formal permit rescission provided that the drums,
tanks, abandoned processing equipment not under cover, and abandoned vehicles are
appropriately removed from the site; otherwise, the permit renewal process would be required to
continue.
In the absence of a response, a follow up email was sent by Lauren Garcia to Rod Fitch on May 6,
2019, stating if the facility wanted to continue with a rescission, the Division required a reasonable
timeframe to be included, outlining the completion of the requested machinery and material
removal. A response was requested by the end of May 2019.
North Carolina Department of Environmental Quality I Division o€ Energy. Mineral and Land Resources
-DE 512 North Salisbury Street 1 1612 Mail Service Center 1 Raleigh, North Carolina 27699-1612
e z eae A a 919.707,9200

In the absence of a response, a call was made by Lauren Garcia during the first week of June 2019 to
Rod Fitch. Rod Fitch stated all emails and information had been forwarded to Guenter Burkhardt.
Mr. Burkhardt was first contacted about the renewal/rescission of the permit the week of April 3,
2019. Several emails and voicemails have been left for Mr. Burkhardt during this time. No response
has been received as of the date of this notice
As a result of the site visit on April 22, 2019 and a file review, the following permit condition
violations are noted:
1) Part I, Section B: Permitted Activities
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this individual permit. All stormwater discharges shall be in accordance with the
conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this individual permit shall not cause or
contribute to violations of Water Quality Standards.
2) Part III. Section A: Duty to Comnl
The permittee must comply with all conditions of this individual permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or
denial of a permit upon renewal application.
3) Part III Section B• General Conditions:
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 forms and fees as are required by the agency authorized to issue permits no
later than 180 days prior to the expiration date. 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.
No renewal application was submitted to the Division. The permittee allowed the permit to expire
on May 31, 2015. All discharges since the date of the permit expiration have not been authorized.
It is recognized that the facility's operations (processing and storage landscaping mulch) ceased
approximately 15 years ago; however, there is currently enough remaining product to cover an
area of approximately 1.5 acres and is layered nearly 4 foot deep in some areas. While these areas
seem to have more or less stabilized, there were also rusted drums, tanks, abandoned processing
equipment (conveyors/sorters/bins), used pallets, and deteriorated, bagged product observed
throughout the site. These industrial materials have been present at the site since at least 2015.
The permittee is responsible for all unpermitted industrial discharges from the facility since the
expiration of the permit.
State of North Carolina ( Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St. ( Raleigh, NC 27699
919 707 9200 T

Required Response:
You are directed to respond to this office, in writing, within 30 calendar days from the receipt of
this notice with one of the following, at minimum:
1) A completed, signed permit renewal application for the NPDES Individual Industrial
Stormwater Permit No. NCS000023: or
2) A reasonable timetable for the completion of all removal actions required to be taken
in order to qualify for a rescission. All drums, tanks, abandoned processing
equipment not under cover, and abandoned vehicles must be APPROPRIATELY
removed from the site.
This office requires that the violations, as detailed above, be properly resolved. Failure to
provide an appropriate response within the specified time period will result in a civil
penalty.
As is stated in the permit, the Clean Water Act provides that any person who violates a permit
condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person
who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000
per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation,
or imprisoninenL for not 11101 e L11dii 3 yedl s, of bolli. Also, any person who violates a permit
condition may be assessed an administrative penalty not to exceed $10,000 per violation with the
maximum amount not to exceed $125,000 [Ref: Section 309 of the Federal Act 33 USC 1319 and 40
CFR 122.41(a).]
Under state law, a daily civil penalty of not more than ten thousand ($10,000) 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. [Ref: NC General Statutes 143-215.6A].
Thank you for your attention to this matter. Your above -mentioned response to this
correspondence will be considered in any enforcement proceedings. Should you have any questions
regarding these matters, please contact Lauren Garcia at [phone] or
[e-mail].
Sincerely,
(a��ne�z--
Annette Lucas, PE
Stormwater Program Supervisor II
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699
919 707 9200 T

ex:
Alaina Morman, Environmental Specialist [e-mail]
Annette Lucas, Stormwater Program Supervisor [e-mail]
Suzanne McCoy, Stormwater Program Administrative Specialist
[e-mail]
Mike Lawyer, Environmental Program Consultant [e-mail]
Bethany Georgoulias, Environmental Engineer [e-mail]
Toby Vinson, Section Chief [e-mail]
Tim LaBounty, Regional Engineering Supervisor II [e-mail]
State of Noah Carolina I Environmental Quality ( Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh. NC 27699
919 707 9200 T