AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
Wastewater Management Division
103 South Main Street, Sewing Building
Waterbury VT 05671-0405
Telephone: (802) 241-3822
FAX: (802) 244-5141
April 14, 2000
CERTIFIED MAIL
Mr. Neal Jordan
OMYA, Inc.
61 Main Street
Proctor, VT 05765
SUBJECT: NOTICE OF ALLEGED VIOLATION
OMYA West - Verpol Plant
Discharge Permit #3-0395
Dear Mr. Jordan:
Your verbal and written reports and a site visit by Environmental Enforcement Officer Gary Urich show that for the approximate 18-day period of March 4 through March 21, 2000, the OMYA West Verpol Plant was in non-compliance with its discharge permit. The recorded violations which have placed your facility in non-compliance with its discharge permit under 10 V.S.A. Section 1263 are:
Direct discharge of process wastewater from the Verpol Plant via the OMYA East Quarry in an uncontrolled manner and bypassing of permitted treatment facilities
Failure to provide verbal notification of bypass within 24 hours and written notification within 5 davs
Total Suspended Solids Daily Maximum March 16
Turbidity Daily Maximum March 16 and 20
The alleged violations constitute a violation of Discharge Permit # 3-0395, Part I. Condition A. I . Effluent Limitations and Monitoring Requirements on page 2, and of Part II. Condition A.6. Bypassing on page 8, copies of which are enclosed.
The above noted alleged violations are an unacceptable level of non-compliance. If OMYA, Inc. cannot demonstrate compliance with this requirement, the Department will consider pursuing enforcement actions.
Mr. Neal Jordan OMYA, Inc. April 14, 2000 Page 2 of 2
In response to the alleged violations described above and pursuant to 10 V.S.A. Section 8008, the Agency may issue an Administrative Enforcement Order which, among other things, would: assess penalties, require correction and/or remediation of the alleged violations and require other measures as deemed appropriate. Your correction of the alleged violations and prompt response to this NOAV through the actions requested below or by other acceptable means, may lessen the possibility or severity of any enforcement action which may be taken by the Agency.
The following submittal is requested:
The Stormwater Discharge Permit for the OMYA Verpol Plant required preparation of a Pollution Prevention and Spill Control Plan. Given the recent unpermitted release of process wastewater to State waters in March and the previous release in December 1999, the Department has concluded that preparation of the Pollution Prevention and Spill Control Plan must be completed sooner rather than later. Consequently we are requesting submittal of the Plan by May 15, 2000. This Plan is to include an engineering evaluation of the structural integrity of the berms of the two floatation ponds at the OMYA Verpol Plant, with a schedule to implement any recommendations necessary to prevent future berm failures.Please respond by submitting the Pollution Prevention and Spill Control Plan by this office by May 15, 2000. Please address your response to Brian Kooiker at the above address.
If you should have any questions regarding this Notice of Alleged Violation, please contact Brian Kooiker at 802-241-3832.
Respectfully,
Marilyn J. Davis, Director
Wastewater Management Division
Enclosures: Discharge Permit #3-0395, Pages 2 & 8
cc: Liz Dickson, WWMD
Gary Urich, EEO