HomeMy WebLinkAboutNC0023442_Enforcement (Letter)_20180604 (4) ROY COOPER
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NITCENEL S. REGAN
.SEcrEiar,
Water Resources LLNDA CULPEPPER
ERVIAOHNENTALOUALITY 1 tariff!DITeciJr
Certified Mail#f 70172680000022193882
Return Receipt Requested
.tune 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 Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-21 5.l(a)(6)
and. NPDES WW Permit No. NCO023442
Boise Cascade Wood Products, LLC
Case No. LV-2018-0116
Chatham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S287.78 (S250.00 civil penalty y
+ S37.78 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 April 2017. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Pen-nit
No. NC0023442. The violations, which occurred in April 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 tenns,
conditions or requirements of NPDES WW Permit 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 terms,conditions or requirements of a permit required by G.S.
143-2 l 5.1(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, 1, Danny
Smith, Regional Supervisor, Ralcigh Regional Office hereby make the following civil penalty assessment against Boise
Cascade Wood Products L L C.
State of Hn11h Carolina I Etivilanntental Quality l water Resources
1628]flail Service Center,Raleigh,NC 27699-1629
919-7914200
S250.00 1 of 1 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 Pemlit ;Monthly Average for Nitrogen,Ammonia
Total (as N)- Concentration
S250.00 TOTAL CIVIL PENALTY
S37.78 Enforcement Costs
S287.78 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 hanm 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 willRklly 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 enforcemett 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 Trot inchide iunirer
fibrin). 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
Ralcigh,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 ofthe 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 hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing 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. The
Director of the 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 regarding 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 remissionyou must complete and submit the enclosed"Request for Remission of Civil Penalties
Waiver,of Right to an Administrative Flcarin2. and Sti ulation of Facts" form within thin 30 days of recei t 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 27699-1617
O iion 3: Tile a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document 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 I Iearings within thirty(30) days of receipt of this notice. A petition is considered tiled
when it is received in the Office of Administrative I-Iearings during normal office hours. The Officc of Administrative
I Iearings 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 maybe filed by facsimile(fax) 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 §150Q-23.2) is received in the
Office of Administrative Hearings %eitliin seven (7) business days following the fared or electronic transmission. You
should contact the Office of Administrative I Iearings with all questions regarding the filing fee andlor the details of the
filina process.
The mailing address and telephone and fax numbers for the Office of Administrative I Iearings 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 follows:
Mr. William F. 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)clays 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.ri:iicdenr.gov.
Since ly,
1
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office- Enforcement Pile
NI'DES Compliance/Enforcement Chit - Enforcement rile
Central riles
ATTACHMENT A
Boise Cascade Wood Products L L C
CASE NUMBER: LV-2018-0116
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 Month[Yr Parameter Frequency Measure Value Value Limit Type Amount
4/30/2017 4-2017 Nitrogen,Ammonia 2 X month mgll 2 7.2 260.0 Monthly $250.00
Total(as N)- Average
Concentration Exceeded
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2018-0116 County: Chatham
Assessed Party: Boise Cascade Wood Products L L C
Permit No.: NC0023442 Amount Assessed: 5287.78
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
1!'ctiver of Right to an fldniinisti-ative Hectring, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for 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 five 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. 143B-282.I(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listecl in the civil penalty assessment clocttment);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., captain the
steps thatyou took to cort•ect the violation aml preveutfittrwe occurrences),'
(c) the violation was inadvertent or a result of an accident(i.e., explain irhv the violation hear unavoiclable or
something you could trot prevent or prepare fiat);
(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 necessary remedial actions (i.e., explain
hoii-p(t n ent of the civil penalty,Will prevent you from peifor'niing the activities necesscui,to achieve
compliance).
EXPLANATION:
STATE OF NORTI-i CAROLINA DEPARTivIENI"OF ENVIRONMENTAL QUALITY
COUNTY OF CI-IATIIAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL. PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
Boise Cascade Wood Products L L C )
Boise Cascade Wood Products, LLC }
}
PERMIT NO. NCO023442 ) CASE, NO. LV-2018-0116
Having been assessed civil penalties totaling S287.78 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June-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 further 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
TELE131-IONE