HomeMy WebLinkAboutNC0023442_Enforcement (Letter)_20180604 (2) ROY COOPER
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Water Resources Lr-%TDA CULPEPPER
ENVIRONMENTAL OUALsTY �i11�'Tffl:.�lXECfOY
Certified Mail #701726800011022193882
Return Receipt Re uested
June 4, 2018
Brian W Van Gelder, East Region Environmental Manager
Boise Cascade Wood Products L L C
306 Corinth Rd
Moncure,NC 27559
SUBJECT: Notice of Violation and Assessment of Ci%-il Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO023442
Boise Cascade Wood Products, LLC
Case No. LV-2018-0114
Chatham County `
Dear Pernittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S387.78 ($350.00 civil penalty
+S37.73 enforcement costs) against Boise Cascade Wood Products L L C.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Boise Cascade Wood Products L L C for the month of February 2017. This review has shown the
subject facility to be in violation of the discharge limitations and:-or monitoring requirements found in NPDES WW Permit
No. NC0023442. The violations, which occurred in February 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Boise Cascade Wood Products L L C violated the terns,
conditions or requirements of NPDES WW Pert-nit No. NCO023442 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 terns, conditions or requirements of a pennit 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 Environmental Quality and the Director of the Division of Water Resources, I, Danny
Smith, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Boise
Cascade Wood Products L L C:
Slate of North Carolina I Environmental Qtiality I Water Rcsoumes
1628 Mail Service Center,Ralciph,NC 27699.1623
V.
919-791-4200
S 100.00 1 of 1 violations of G.S. 143-215,1(a)(6) and Peniiit No. NC0023442, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Nitrogen,Ammonia
Total as N - Concentration
S250.00 1 of I violations of G.S. 143-215.1(a)(6) and Permit No. NC0023442, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen Ammonia
Total as N - Concentration
$350.00 TOTAL CIVIL PENALTY
S37.78 Enforcement Costs
S387.78 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 Environmental Quality(do itot i1jelrirle ircuvel-
fa-m). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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(tearing,
such a request must be accompanied by a waiver of your right to an administrative hearin';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 14313-282.1(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. 7"he
Director of tite 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 regardinur 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 Hearin{_ and Stipulation of Facts" form within thin 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1 6 1 7
Option 3: rile n petition for an administrative hearin l with the Office of Administrative Henrin s:
If you Nish to contest any statement in the attached assessment d0ccu3ient 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) clays 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 Offiee 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(far) 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 §15013-23.2) 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 I-Iearings with all questions retarding the filing fee and!or the details of the
filing process.
The mailing address and telephone and I'ax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: (919)431-3000
Fax: (919)431-3100
One(1) copy of the petition must also be served on DEQ as follours:
Mr. William I-. Lane, General Counsel
Department of Environmental Quality
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.
If you have any questions,please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at(919) 791-4200 or via email at cheng.zhang cr ncdenr-gov.
Sincerely,
Danny Smith, Regional Supervir
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office- Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
ATTACHMENT A
Boise Cascade Wood Products L L C
CASE NUMBER: LV-2018-0114
PERMIT: NCO023442 REGION: Raleigh
FACILITY: Boise Cascade Wood Products, LLC COUNTY: Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount
2/20/2017 2-2017 Nitrogen,Ammonia 2 X month mgll 20 35 75.0 Daily $$100.00
Total (as N)- Maximum
Concentration Exceeded
2/28/2017 2-2017 Nitrogen,Ammonia 2 X month mgll 4 48 1,100.0 Monthly $250.00
Total(as N)- Average
Concentration Exceeded
JUSTIFICA71'ION FOR REMISSION REQUEST
Case Number: LV-2018-0114 County: Chatham
Assessed Party: Boise Cascade Wood Products L L C
Permit No.: NCO023442 Amount Assessed: S387.78
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
117aiver ofRiglrt to art}ldnrinistrcrtive Ifeur ino, and Stipulutioon of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary far 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.I(c), remission of a civil
penalty may be granted only when one or more of the following live 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. I4313-2S2.1(b) were wrongfully applied to the
detriment of the petitioner(tire crs.ti'ess'rr ent fric to s are listed in the civil pencrlh,(rsses'sment docunjent);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., cqpletin the
steps thal you took to correct the violation and prevent firtrrr•e oc'cru•r•crrees);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something volt could not prevent or•pr•ep{n•efulg;
(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 necessar}' remedial actions (i.e., avpkrin
boil pawnent of the civil penally x•tll p)•el'C?rrt j'orr f!•olrr perfOr7rlrlrg the C1C'trVrtre.S 11CCL'.S,sCrr),to achieve
Compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTNIENT OF ENVIRONMENTAL QUALITY
COUNTY OF CI IATI IAP I
IN THE NIA71TER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADIIINISTRATIVE HEARING AND
} STIPULATION OF FACTS
Boise Cascade Wood Products L L C )
Boise Cascade Wood Products, LLC )
PH-MIT NO. NCO023442 ) CASE NO. LV-2018-0114
Iiaving been assessed civil penalties totaling S387.78 for violation(s)as set forth in the assessment document of the Division
of Water Resources.dated June 4, 2018, 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 lurther 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