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NC0004812_Regional Office Historical File Pre 2018 (4)
F W ATF Michael F.Easley,Governor \CrO 9QG William G.Ross al Secretary North Carolina Department of Environment and Natural Resources 11)4y4 Coleen H.Sullins,Director Division of Water Quality December 30, 2008 Mr. W. H. Cozart, Vice President of Engineering Pharr Yarns, Inc. Post Office Box 1939 McAdenville, North Carolina 28101 Subject: Compliance Evaluation Inspection Pharr Yarns, Inc./I-85 Plant General Permit No. NCG500214 Gaston County,N.C. Dear Mr. Cozart: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 18, 2008 by Mr. Wes Bell of this Office. It is requested that a written response be submitted to this Office by January 20, 2009, addressing the discrepancies noted in the Effluent Sampling and Upstream/Downstream Sampling Sections of the attached report. In responding to the discrepancies, please address your comments to my attention. The report should be self-explanatory; however, should you have questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, Marcia Allocco Acting Regional Supervisor Surface Water Protection Enclosure cc: Gaston County Health Department Mailing Address Phone(704)663-1699 Location NOn`hCarolina 610 East Center Avenue,Suite 301 Fax (704)663-6040 610 East Center Avenue,Suite 301 alura!!y Mooresville,NC 28115 Mooresville,North Carolina Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 III 2 t i 31 NCG500214 l 11 121 08/12/18 _J 17 18t cl 191 cl 20t tJ U Remarks + IJ L J !_ 21IIII IIII IIII IIII IIII IIII IIIIIIIIIIII IIII IIIIIIJ66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 1.0 169 70 U 71 I N' 72I N 731 I 174 75I I J I I J J 1 80 t--t Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:01 PM 08/12/18 07/08/01 I-85 Plant 300 Dickson Rd Exit Time/Date Permit Expiration Date Mc Adenville NC 28101 02:21 PM 08/12/18 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis//704-824-3551 / Name,Address of Responsible Official/Title/Phone and Fax Number Contacted W H Cozart,PO Box 1939 Mc Adenville NC 28101/Vice President of Engineering/704-832-2310/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) .Permit II Flow Measurement II Operations&Maintenance gi Records/Reports II Self-Monitoring Program II Facility Site Review •Effluent/Receiving Waters II Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) • Name(s)and Signature(s)of Inspector(s)� //� Agency/Office/Phone and Fax Numbers Date Wesley N Bell /, /�u, MRO WQ//704-663-1699 Ext.2192/ /2-/307C Si nature of Management Q A eviewer Agency/Office/Phone and Fax Numbers Date Ma cia llocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31 NCG500214 111 121 08/12/18 I17 18U Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit: NCG500214 Owner-Facility: 1-85 Plant Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 ■ 0 Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? 0 0 ■ 0 Is access to the plant site restricted to the general public? ■ ❑ ❑ n Is the inspector granted access to all areas for inspection? S n n n Comment: A 17 ug/I effluent total residual chlorine (TRC) permit limit will take effect eighteen (18) months after the effective date of the Certificate of Coverage (August 1, 2007). Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 ■ 0 Judge, and other that are applicable? Comment: The site grounds were well maintained. The facility has designated three outfalls that consist of the following: Outfall 001 - boiler blowdown, Outfall 002 - noncontact cooling water(autoclaves), and Outfall 003 - noncontact cooling water (air washers). Outfalls 002 and 003 discharge directly to drainage ditches. The effluent from Outfall 001 is discharged into a stormwater pond (equipped with a fountain) prior to the receiving stream (second pond/unnamed tributary to South Fork Catawba River). Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 11000 Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain-of-custody complete? ■ n n n Dates, times and location of sampling Name of individual performing the sampling • Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses Transported COCs U Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? n n U n (If the facility is=or> 5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Page# 3 Permit: NCG500214 Owner-Facility: 1-85 Plant Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the ORC visitation log available and current? 0 0 • 0 Is the ORC certified at grade equal to or higher than the facility classification? 0 0 • 0 Is the backup operator certified at one grade less or greater than the facility classification? Q 0 ■ Is a copy of the current NPDES permit available on site? 111000 Facility has copy of previous year's Annual Report on file for review? 0 0 • 0 Comment: The 2008 DMRs (May 08 and September 08) were reviewed during the inspection. No limit violations were reported and all monitoring frequencies were correct. The compliance status, permittee signature, and parameter units were not documented on the DMRs. The effluent TRC value (Outfall 002) and the effluent flow value (Outfall 003) were not transcribed properly on to the May 08 DMR. The above-noted discrepancies should be corrected on the appropriate DMRs. The facility staff must ensure all DMRs are complete and accurate. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? U 0 0 ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ 0 0 #Is the facility using a contract lab? ■ 0 ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 0 0 • 0 Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 • 0 Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? 0 0 • 0 Comment: Shealy Environmental Services, Inc. (Certification#329) has been contracted to perform all effluent analyses. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? 0 0 • 0 Is proper volume collected? ■ 0 0 0 Is the tubing clean? 0 0 ■ l� #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 0 0 • 0 Is the facility sampling performed as required by the permit(frequency, sampling type representative)? 0 • 0 Comment: The effluent sampling for Outfalls 002 and 003 is performed according to the permit's requirements. The effluent analyses for Outfall 001 are currently being performed at the outlet of the second pond. This Office has reviewed the topographic map for this area and determined that the second pond is part of an unnamed tributary to the South Fork Catawba River. Please be advised that the effluent sampling at Outfall 001 must be performed prior to the discharge being intermixed with the receiving stream and/or any stormwater discharges. Page# 4 Permit: NCG500214 Owner-Facility: 1-85 Plant Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Upstream I Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? 0 ■ 0 0 Comment: The upstream and downstream temperature measurements must be performed in the receiving stream (second pond) during all future monitoring events for the Outfall 001effluent discharge. Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 • 0 Is flow meter calibrated annually? 0 0 • Is the flow meter operational? 0 0 • 0 (If units are separated) Does the chart recorder match the flow meter? 0 0 • 0 Comment: The flow measurements for all outfalls (001 - 003) are calculated by the bucket and stop watch method. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? U 0 n n Are the receiving water free of foam other than trace amounts and other debris? 0 0 0 • If effluent (diffuser pipes are required) are they operating properly? n n . ° Comment: Oufall 002 was not discharging at the time of the inspection. The effluent was clear with no foam from Outfall 003. The outlet pipe for Outfall 001 was not accessible. The facility staff must ensure that the outlet for Outfall 001 (prior to the first pond) is accessible for sampling and inspection of the effluent. Page# 5 Allocco, Marcia From: Krebs, Rob Sent: Monday, December 14, 2009 2:15 PM To: Lesley, John; Sifford, Barbara; Bell, Wes; Hood, Donna; Allocco, Marcia Subject: FW: Pharr Yarns From: Pohlig, Ken [mailto:ken.pohlig@ncdenr.gov] Sent: Monday, December 14, 2009 2:06 PM To: Bob Froneberger Cc: rob.krebs@ncmail.net; George.Altice@pharryarns.com;james.davis@mindspring.com; Fred.Erickson@pharryarns.com; Robertson, Seth Subject: RE: Pharr Yarns To: Bob Froneberger, P.E.,WK Dickson Construction Grants& Loans(CG&L) Section agrees that no ATC is required for this work, as it is only minor re-working of yard piping that does not change any process, nor requires any pump changes, nor changes any hydraulics. Ken Pohlig, P.E. Construction Grants& Loans Section Division of Water Quality (919) 715-6221 ken.pohlig@ncdenr.gov From: Bob Froneberger [mailto:bfroneberger@wkdickson.com] Sent: Monday, December 14, 2009 10:46 AM To: Ken Pohlig Cc: rob.krebs@ncmail.net; George.Altice@pharryarns.com;james.davis@mindspring.com; Fred.Erickson@pharryarns.com Subject: Pharr Yarns Ken— This is to confirm our telephone conversation of today concerning Pharr Yarns (NPDES Permit No. NC0004812) in McAdenville,NC. The industrial wastewater treatment facility presently pumps the return activated sludge (RAS) into a common force main combining it with dying process wastewaters. The combined dye wastewater and RAS are then conveyed to the activated sludge aeration basin along the bottom of the aeration basin rendering it inaccessible. The possible exposure of the RAS to the concentrated high strength dye wastewater during the conveyance is believed to be potentially detrimental to the biomass. Pharr proposes to modify the RAS force main providing a separate RAS force main waste extending outside and adjacent to the aeration basin approximately 320 feet as shown on the attached sketch. The RAS piping is to be schedule 40, PVC pipe with 150 psi rating. • Per our discussion, this minor piping modification is not changing the process and is considered to be a maintenance related activity. Accordingly, an"Application to Construct Permit" from DENR is not required to perform this work. Pharr Yarns plans to perform this work over the Christmas holiday plant shutdown. Thank you for your assistance. Bob Froneberger, P.E. Project Manager W.K. Dickson -Charlotte, NC 704-227-3403 2 • Ail7A -(10.-/2e NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 17,2009 Mr. J. M. Carstarphen Pharr Yarns, Inc. P.O. Box 1939 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent/Monitoring Violations Tracking#: NOV-2009-LM-0036 Pharr Yarns Industrial WWTP NPDES Permit No.NC0004812 Gaston County Dear Mr. Carstarphen: A review of the September 2009 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit/Monitoring Requirement 9/2/09 Total residual chlorine 430 µg/L 28 µg/L(Daily maximum) 9/10/09 Total suspended solids 257 lbs/day 249.7 lbs/Day(Daily maximum 9/30/09 Color None Monitor lx/month Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms.Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms.Allocco or me at 704/663-1699. Sincerely, Robert B.Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 North Carolina Internet:www.ncwaterguality.org Naturally A / NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 4, 2009 J M CARSTARPHEN, CEO PHARR YARNS INC PO BOX 1939 MC ADENVILLE NC 281011939 SUBJECT: Payment Acknowledgment DEC — 9 2009 Civil Penalty Assessment Pharr Yarns Industrial WWTP Permit Number: NC0004812 Case Number: LM-2009-0047 Gaston County Dear Mr. Carstarphen: This letter is to acknowledge receipt of check number 366803 in the amount of$3,108.71 received from you dated November 24, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files rt .0 R ; -gional-Office Superyin, 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 North Carol i na Internet:www.ncwaterquality.org Naturally An Equal Opportunity`,Affirmative Action Employer j! Y a' Li s mil i y i F . fa, l 46,7:74 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 18, 2009 CERTIFIED MAIL 7008 1140 0002 2716 7383 RETURN RECEIPT REQUESTED Mr. J. M. Carstarphen Pharr Yarns, Inc. P.O. Box 1939 McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0004812 Pharr Yarns Industrial WWTP • Gaston County Case No. LM-2009-0047 Dear Mr. Carstarphen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$3,108.71 ($3,025.00 civil penalty+$83.71 enforcement costs) against Pharr Yams,Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for August 2009. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No.NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No.NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yams, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699\Fax:(704)663-6040\Customer Service:1-877-623-6748 NOrthCarOl na Internet:www.ncwaterquality.org / $ 750.00 For 2 of the two (2) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 375.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 750.00 For 2 of the three (3)violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0004812,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for sulfide. $ 1,125.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0004812, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for sulfide. $ 25.00 For 1 of the one(1) failure to monitor for color in violation of the terms of NPDES Permit No.NC0004812. $ 3,025.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 3,108.71 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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"Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30)days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 (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 §150B-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 Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 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 DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at(704) 663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LM-2009-0047 Outfall Date Parameter Reported Value Permit Limit 001 8/12/09 Fecal coliform 992 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 8/13/09 Fecal coliform 954 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 8/19/09 TSS 291 lbs/day* 249.7 lbs/day (Daily maximum) 001 8/6/09 Sulfide 12 lbs/day* 5.8 lbs/day(Daily maximum) 001 8/7/09 Sulfide 14 lbs/day* 5.8 lbs/day(Daily maximum) 001 8/13/09 Sulfide 6.2 lbs/day 5.8 lbs/day(Daily maximum) 001 8/31/09 Sulfide 4.9 lbs/day* 2.9 lbs/day(Monthly average) 001 8/31/09 Color None* Monitor lx/month * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO.NC0004812 ) FILE NO. LM-2009-0047 Having been assessed civil penalties totaling $3,108.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 18, 2009,the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2009-0047 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $3,108.71 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LM-2009-0047 Permit Number: NC0004812 ASSESSMENT FACTORS 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; The fecal coliform concentration of 992 CFU/100 mL and 954 CFU/100 mL on August 12th and 13th exceeded the permit daily maximum limit of 400 CFU/100 mL. The total suspended solids (TSS) concentration of 291 lbs/day on August 19th exceeded the daily maximum limit of 249.7 lbs/day. The sulfide concentrations of 12 lbs/day, 14 lbs/day, and 6.2 lbs/day on August 6th, 7th, and 13th respectively, exceeded the permit daily maximum limit of 5.8 lbs/day. In addition, the monthly average sulfide concentration of 4.9 lbs/day exceeded the permit limit of 2.9 lbs/day. The NC0004812 permit requires that color be monitored once per month and no color monitoring was reported for August 2009. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 138.5% and 148% on August 12th and 13th. The TSS daily maximum permit limit was exceeded by 16.5% on August 19th. The sulfide daily maximum permit limit was exceeded by 106.9%, 141.4% and 6.9% on August 6th, 7th, and 13th. The sulfide monthly average permit limit was exceeded by 68.2% during August 2009. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown although the downstream fecal monitoring on August 12th and 13th was not elevated compared to the upstream monitoring location. The other permit parameters that were exceeded are not monitored in-stream. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. Increased suspended solids (turbidity) increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally and the DMR does not provide an explanation for the violations. 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 There have been 28 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with eight CPAs issued in the past twelve months as detailed below. Case Number Description LV-2009-0379 $533.71 LV for fecal coliform and sulfide. Penalty was paid in full. LV-2009-0290 $483.64 LV for fecal coliform and sulfide. Penalty was paid in full. LV-2009-0217 $1,583.64 LV for fecal coliform. Penalty was paid in full. LV-2009-0184 $3,083.64 LV for fecal coliform. Penalty was paid in full. LV-2009-0156 $10,083.64 LV for fecal coliform, TSS, BOD, and COD. Penalty was paid in full. LM-2009-0015 $1,783.64 LV for fecal coliform and TSS and a MV for COD, total phosphorus, and total nitrogen. Penalty was paid in full. LV-2009-0041 $1,083.64 LV for fecal coliform and TSS. Penalty was paid in full. LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. Date Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 11/02/09 Page: 7 of 25 9t gs { -P' �� i-4 Mitj:.g X. $t S u.YY ;''''.:,,4:,,i.:'0414: �t'T ' Y Y• 0 Y �p 0 9 /1 ': r Eacdlty Narftg "/a 1 .�' „q, 'p [ nj .� j ,AN ,.M � . Majpe MIn4 a •ki-:-.aY v vSi 2a'%, r�i % .. v Lke!?- r. k rm x t x PERMIT: NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY: Gaston REGION: Mooresville Limit Violation 'y t �-- f� t it} MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT J VALUE VIOLATION TYPE VIOLATION ACTION 08-2009 001 Effluent Coliform,Fecal MF,M-FC 08/12/09 Weekly #/100m1 400�/J 9921 V4 Daily Maximum Exceeded None 4-" .j Broth,44.5C I / , 08-2009 001 Effluent Coliform,Fecal MF,M-FC 08/13/09 Weekly #/100m1 400 V 954�/I I�Daily Maximum Exceeded None Y,�T Broth,44.5C / /� 08-2009 001 Effluent Solids,Total Suspended- 08/19/09 Weekly lbs/day 249.7" 291J 0.L Daily Maximum Exceeded None ' .5 Quantity Daily c �'i_j --,L 08-2009 001 Effluent Sulfide,Total(as S) 08/06/09 Weekly lbs/day 5.8 12 V$;;�G:• Daily Maximum Exceeded None '4 77 T • C' 08-2009 001 Effluent Sulfide,Total(as S) 08/07/09 Weekly Ibs/day 5.8 J 14✓mil k'r Daily Maximum Exceeded None —� 08-2009 001 Effluent Sulfide,Total(as S) 08/13/09 Weekly lbs/day 5.8/ 6.2 VO-41 Daily Maximum Exceeded None •< `- 08-2009 001 Effluent Sulfide,Total(as S) 08/31/09 Weekly lbs/day 2.911 4.88 s/ Monthly Average Exceeded None At,,I )I; .t r 1t.._.), ( . t-: t--(r::.z 0 u \) *-)d- 0;.-i-S . c ki. �c r� .: , 4 v-► � l 1 a` r\.. .• c c_Lc. rYL,,.7„ct►,myr,L I: c.17: „CA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary • November 6, 2009 W.H. COZART PHARR YARNS INC PO BOX 1939 ` MC ADENVILLE NC 281011939 SUBJECT: Payment Acknowledgment NOV - 9 2009 Civil Penalty Assessment Pharr Yarns Industrial WWTP Permit Number: NC0004812 Case Number: LV-2009-0156 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 233195 in the amount of$10,083.64 received from you dated October 23, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files • , . . oore .1 e per a KP is rOirNi+Wiwaw. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 •Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-6492 Customer Service:1-877-623-6748 N ort h C aro l i n a Internet:www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action'Employer NCDENR North Carolina-Department of Environment and Natural Resources • Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 12, 2009 r: ! ' ; _l CERTIFIED MAIL 7007 0710 0000 5376 5477 RETURN RECEIPT REQUESTED OCT 15 2009 Mr. W. H. Cozart Pharr Yarns, LLC P. O. Box 1939 McAdenville, NC 28101 `_` Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0004812 Pharr Yarns, LLC Gaston County Case Number LV-2009-0156 Dear Mr. Cozart: In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of$10,083.64. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Bob Sledge NC DENR-DWQ—Point Source Branch NPDES West Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One t Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NOrthCari11I1�1 Phone:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 • // • Internet:www.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer Pharr Yarns,LLC Case No.LV-2009-0156 Page 2 of 2 • • You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30)calendar days of receipt of this letter. Send the completed form to: Bob Sledge NC DENR-DWQ—Point Source Branch NPDES West Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions,please contact Bob Sledge at (919)-807-6398, or via e-mail at bob.sledge@ncdenr.gov. Sincerely, f://j, Tom Bs Supervisor NPDES West Unit Attachments cc: Enforcement File DWQ Central Files DWQ - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION • Case.Number: LV-2009-0156 Region: Mooresville • County: Gaston Assessed Entity: Pharr Yarns Permit: NC0004812 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Z (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: In response to the cited violations,the facility corrected operational issues associated with disinfection, providing more training and increased monitoring. An evaluation of pressure filters found one of three to be needing replacement of filter media. The facility is working to better coordinate manufacturing and wastewater treatment operations to lessen the chances of the WWTP being negatively impacted by large volumes of high strength wastewater. While the facility's present actions are to be applauded and they do appear to have yielded positive results, it took the facility months to recognize the need for such action, and it took longer for changes to take effect. The facility remained in noncompliance until April 2009. ❑ (c) Whether the violation was inadvertent or a result of an accident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: The facility was assessed civil penalties for violations occurring during eight of the previous twelve reporting months. It received twenty civil assessments during the five years prior to the assessment date. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION(Check O e) Request Denied E Full Remission 0 Retain Enforcement Costs? Yes❑ No❑ Partial Remission❑ $ (Enter Amount) rrIrC10 lCole en en H. Sullins Date Rev.7/2007 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION • • COUNTY OF GASTON DWQ Case Number LV-2009-0156 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION PHARR YARNS,LLC ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Civil Penalty Remissions are quasi-judicial.You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of ,20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS • • TELEPHONE( ) Ar7„A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary MEMORANDUM TO: B. Sledge FROM: M. Altocco�,. ' THROUGH: R. Krebs/ DATE: June 24, 2009 SUBJECT: Request for Remission of Civil Penalty Assessment NPDES Permit Number NC0004812 _Pharr Yarns— Industrial VVWTP Gaston County Case Number LV-2009-0156 MRO staff has reviewed the subject request for remission. The permittee asserts that the civil penalty assessment should be reduced due to "prompt abatement of continuing environmental damage from the noted violations". As detailed in the attached Remission Factors document the permittee has taken steps to ensure compliance with the limits of the NPDES permit. However, the fecal coliform daily maximum violations that accounted for 50% of the violations in January 2009 continued until February 24, 2009. Therefore, the Mooresville Regional Office supports partial remission (20%) of the civil penalty of$10,083.64. Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663.60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper • V DWQ—CIVIL PENALTY REMISSION FACTORS r: LV-2009-0156 Region: Mooresville County: Gaston Assessed Entity: Pharr Yarns Industrial WWTP Permit: NC0004812 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation; The Pharr Yarns Industrial WWTP has experienced numerous permit limit violations in nine of the twelve months preceding the January 2009 DMR for which the civil penalties in LV-2009-0156 were assessed. The permittee exceeded the permit limits (daily maximum and/or monthly averages) in January 2009 for biological oxygen demand (BOD — 1 of 14 violations), total suspended solids (TSS—3 of 14 violations) chemical oxygen demand (COD— 2 of 14 violations), and fecal coliform (8 of 14 violations). A review of the prior twelve months shows that 62.2% of the violations were for fecal coliform bacteria. In response the permittee changed the disinfection method at the wastewater plant from chlorine tablets to a liquid hypochlorite solution in November 2008 and there were no fecal coliform violations in November 2008 and only one violation in December 2008. The elevated number of fecal coliform violations in the January 2009 DMR was therefore a surprise to the Mooresville Regional Office. The permittee did not provide an explanation for the violations on the January DMR but had the following to note in the documentation associated with the Remission request. •"Fecal violations in January and February 2009 were experienced due to a combination of operator errors. In an attempt to optimize the feed of sodium hypochlorite, and operator made an unauthorized adjustment of the sodium hypochlorite feed rate. This error was compounded by mislabeling effluent samples sent to the contract laboratory service delaying notification of elevated fecal coliform levels in the effluent and correction of the feed rate. The operator has been reprimanded and retrained to avoid additional violations. Sampling frequency has also been increased to provided better control of chlorine residual within the chlorine contact tank for fecal coliform compliance." The LV-2009-0156 civil penalty also contained monetary assessments for TSS violations, which were 15.6% of the violations during April 2008 through January 2009. The permittee notes in the remission request that Pharr Yarns performed an evaluation of the three existing pressure filters in late 2008 and found that one of the filters had significant break-through of solids. Upon taking the unit offline, it was discovered that the filter required complete replacement of the filter media at a cost of$12,000. Finally the LV-2009-0156 civil penalty contained monetary assessments for BOD and COD violations. The permittee asserts in the remission request that the violations were directly related to large volume, high strength batch discharges to the WWTP from the dying process combined with low wastewater volumes being experienced due to reduced manufacturing production. To minimize the impact of the high strength dye wastewater releases, the permittee has made modifications to the transfer operations to reduce the volume transferred with each pump cycle. Evaluations are continuing into other options to further minimize the impact of the high strength wastewater. The permittee has retained W.K. Dickson & Co. at a cost of$16,000 to perform an engineering and operations evaluation to identify options for improving treatment performance and reliability. In addition, following a meeting with the Mooresville Regional Office on May 26, 2009, Pharr Yarns has requested a Technical Assistance visit in an effort to identify all areas for improvement of the compliance at the Pharr Yarns Industrial WWTP. ❑ (c) Whether the violation was inadvertent or a result of an accident; ❑ (d) Whether the violator had been assessed civil penalties for any previous violations; 111111111 ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Although the permittee is taking steps to ensure compliance the fecal coliform daily violations started on January 6, 2009, and occurred until February 24, 2009. The Mooresville Regional Office would therefore support partial remission (20%) of the civil penalties in LV-2009-0156 for "promptly abating the continual environmental damage from the violations". Regional Recommendation (Check One) Request Denied ❑ Full Remission ❑ Partial Remission ® (20%) Central Office Recommendation (Check One) Request Denied ❑ Full Remission ❑ Partial Remission ❑ Director's Decision (Check One) Request Denied ❑ Full Remission ❑ Partial Remission ❑ Amount Remitted $ Date Coleen H. Sullins, Director 17. `� _ gp, R.r'.1� IRc TRADITION OF INNOVATION .}ASI , ME HN, '' JUN 1 2 2009 June 1, 2009 ;4Q TPTace ksrator P-..- Mr. Robert B. Krebs North Carolina Department of Environmental and Natural Resources Division of Water Quality 610 East Central Ave., Suite 301 Mooresville,NC 28115 Re: Notice of Violation and Assessment of Civil Penalty NPDES Permit No.NC0004812 Gaston County DWQ Case Number: LV-2009-0156 Dear Mr. Krebs: In response to the subject Notice of Violations dated May 13, 2009 and the related meeting of May 26, 2009 at the DENR Mooresville,NC office, Pharr Yarns is submitting the attached Waiver of Right to an Administrative Hearing and Stipulation of Facts and Justification for Remission Request. Pharr Yarns takes the stated violations seriously and is taking steps as stated within the attached remission request to address these violations. If additional information is needed or you should have further questions regarding these actions, please contact me at 704-823-2397 or george.altice(a,pharryarns.com. Sincerely, Ge rge Altice Pharr Yarns, LLC Director of Corporate Engineering cc: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Pharr Yarns, LLC • 100 Main Street • PO Box 1939 • McAdenville North Carolina 28101-1939 • Phone 704.824.3551 JUSTIFICATION FOR REMISSION REQUEST EXPLANATION: (b) the violator promptly abated continuing environmental damage resulting from the violation. Fecal Coliform(daily maximum and monthly geometric mean): Until November, 2008, a calcium hypochlorite tablet solution system was utilized for chlorine disinfection. In response to an evaluation of fecal coliform violations, it was determined that this system produced an inconsistent chorine solution concentration. In November, 2008,the tablet system was replaced with a liquid hypochlorite system. Fecal violations in January and February, 2009 were experienced due to a combination of operator errors. In an attempt to optimize the feed of sodium hypochlorite, an operator made an unauthorized adjustment of the sodium hypochlorite feed rate. This error was compounded by mislabeling effluent samples sent to the contract laboratory service delaying notification of elevated fecal coliform levels in the effluent and correction of the feed rate. The operator has been reprimanded and retrained to avoid additional violations. Sampling frequency has also been increased to provide better control of chlorine residual within the chlorine contact tank for fecal coliform compliance. Total Suspended Solids(daily maximum and monthly average): Following violations of effluent suspended solids in late 2008, Pharr Yarns performed an evaluation of the existing three(3)pressure filters. This evaluation found one of the filters to have a significant break-through of suspended solids in the effluent. Upon taking this unit off line, it was discovered that the filter required complete replacement of the filter media at a cost of$12,000 to correct this deficiency. The filter media replacement is currently on order with delivery expected shortly. BOD and COD(daily maximum and monthly average): Violations of BOD and COD are directly related to large volume,high strength batch discharges from the dying process combined with low wastewater volumes currently being experienced due to reduced productions from other manufacturing processes. These releases have resulted in maximum daily effluent violations directly impacting monthly averages. To minimize the impact of the high strength dye wastewater releases, Pharr Yarns has made modifications to the transfer operations to reduce volume transferred with each pump cycle. Evaluations are continuing into other options to further minimize the impact of these high strength wastewaters. Actions taken by Pharr Yarns to abate future permit violations: Pharr Yarns has taken or is taking the following actions to abate future NPDES permit violations: • Evaluation and change in chlorination process to a sodium hypochlorite feed system. • Correction of reporting procedures for Total Residual Chlorine (TRC)to reflect the 0.28 ug/1 limit. • Evaluation of effluent pressure filters in November, 2008 with corrective actions now in progress for complete replacement of filter media in one of the filters found to have solids passing through the filter. • Modifications at the dye process transfer pump station to reduce volume of high strength wastewater transferred with each pump cycle and ongoing evaluations of process operations to further minimize impact of the dye process wastewater release to the wastewater treatment process. • Chlorine residual within the chlorine contact basin is monitored on a regular interval throughout the day to assure sufficient residual for fecal coliform reduction. • The chlorine contact basin is monitored on a regular interval to determine the need for cleaning should an accumulation of solids be noted. • W.K. Dickson& Co., Inc. has been retained at a cost of$16,000 to perform an engineering and operations evaluation to identify options for improving treatment performance and reliability. • Ms. Barber Sifford of DENR has also been contacted and requested to provide independent technical evaluation of the wastewater operations. She is currently scheduled to visit the Pharr Yarns wastewater facility the week of June 15,2009. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2009-0156 Having been assessed civil penalties totaling $10,083.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 13,2009,the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 11 th day of June , 2009 BY ADDRESS Pharr Yarns , LLC PO Box 1939 100 Main -Street McAdenville, NC 28101 704-824-3551 TELEPHONE ATTACHMENT A CASE NO. LV-2009-0156 Outfall Date Parameter Reported Value Permit Limit 001 1/6/09 Fecal coliform 1,582 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/7/09 Fecal coliform 2,291 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/8/09 Fecal coliform 846 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/14/09 Fecal coliform 3,000 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/15/09 Fecal coliform 14,800 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/22/09 Fecal coliform 582 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/29/09 Fecal coliform 1,528 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/7/09 TSS 351.0 lbs/day* 249.7 lbs/day(Daily maximum) 001 1/21/09 TSS 814.0 lbs/day* 249.7 lbs/day (Daily maximum) 001 1/21/09 BOD 239.0 lbs/day* 181.0 lbs/day(Daily maximum) 001 1/21/09 COD 1,846 lbs/day* 849.6 lbs/day (Daily maximum) 001 1/31/09 Fecal coliform 462.4 CFU/100 mL* 200 CFU/100 mL (Monthly geometric mean) 001 1/31/09 TSS 355.5 lbs/day* 147.7 lb/day(Monthly average) 001 1/31/09 COD 889.5 lbs/day* 475.0 lbs/day (Monthly average) * Denotes civil penalty assessment NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary -_-__- -—_ - = T�n -._--May 13, 2009 - CERTIFIED MAIL 7007 1490 0004 4509 9162 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yams, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0004812 Pharr Yams Industrial WWTP Gaston County Case No. LV-2009-0156 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $10,083.64 ($10,000.00 civil penalty+ $83.64 enforcement costs) against Pharr Yams, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for January 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yams, Inc. violated • the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yams, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Naturally , An Equal Opportunity l Affirmative Action Employer—50%Recycled/10%Post Consumer paper �/ j " 4 $ 3,500.00 For 7 of the seven(7) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 1,000.00 For 2 of the two (2) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 500.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for biological oxygen demand(BOD). $ 500.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for chemical oxygen demand(COD). $ 1,500.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,500.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids (TSS). $ 1,500.00 For 1 of the one(1) violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for chemical oxygen demand(COD). $ 10,000.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 10,083.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit • Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. Ifyou have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 5 //3/0 9 , f ll (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2009-0156 Outfall Date Parameter Reported Value Permit Limit 001 1/6/09 Fecal coliform 1,582 CFU/100 mL* 400 CFU/100 mL (Daily maximum) _--==001- 1/7/49 CFU/100 mL* 400 CFU/100mL (Daily.maximum) -�s=001 1/8/09 Fecal coliform 846 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/14/09 Fecal coliform 3,000 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/15/09 Fecal coliform 14,800 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/22/09 Fecal coliform 582 CFU/100 mL* 400 CFU/100 mL(Daily maximum) 001 1/29/09 Fecal coliform 1,528 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 1/7/09 TSS 351.0 lbs/day* 249.7 lbs/day (Daily maximum) 001 1/21/09 TSS 814.0 lbs/day* 249.7 lbs/day(Daily maximum) 001 1/21/09 BOD 239.0 lbs/day* 181.0 lbs/day(Daily maximum) 001 1/21/09 COD 1,846 lbs/day* 849.6 lbs/day(Daily maximum) 001 1/31/09 Fecal coliform 462.4 CFU/100 mL* 200 CFU/100 mL(Monthly geometric mean) 001 1/31/09 TSS 355.5 lbs/day* 147.7 lb/day(Monthly average) 001 1/31/09 COD 889.5 lbs/day* 475.0 lbs/day(Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. NC0004812 ) FILE NO. LV-2009-0156 Having been assessed civil penalties totaling $10,083.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 13, 2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0156 Assessed Party: Pharr Yams, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $10,083.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2009-0156 Permit Number: NC0004812 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; The fecal coliform concentration in the Pharr Yarns WWTP effluent was 1,582 CFU/100 mL, 2,291 CFU/100 mL, 846 CFU/100 mL, 3,000 CFU/100 mL, 14,800 CFU/100 mL, 582 CFU/100 mL, and 1,528 CFU/100 mL on January 6th, 7th, 8th, 14th, 15th, 22nd, and 29th, which exceeded the daily maximum permit limit of 400/100 mL. In addition, the monthly geometric mean fecal coliform concentration was 462.4 CFU/100 mL, which exceeded the permit limit of 200 CFU/100 mL. The total suspended solids (TSS) concentration was 351 lbs/day and 814 lbs/day on January 7th and 21st respectively, which exceeded the daily maximum permit limit of 249.7 lbs/day. In addition, the TSS monthly average concentration of 355.5 lbs/day exceeded the permit limit of 147.7 lbs/day. The biological oxygen demand (BOD) concentration was 239.0 lbs/day on January 21st, which exceeded the daily maximum permit limit of 181.0 lbs/day. The chemical oxygen demand (COD) concentration was 1,846 lbs/day on January 21st, which exceeded the daily maximum permit limit of 849.6 lbs/day. In addition, the COD monthly average concentration of 889.5 lbs/day exceeded the permit limit of 475.0 lbs/day. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 87.3%to 14,800% during January 2009, whereas, the monthly geometric mean limit was exceeded by 131.2%. The TSS daily maximum permit limit was exceeded by 40.6% and 226.0% during January 2009, whereas, the monthly average limit was exceeded by 140.7%. The BOD daily maximum permit limit was exceeded by 32.0% during January 2009. The COD daily maximum permit limit was exceeded by 117.3% during January 2009, whereas, the monthly average limit was exceeded by 87.3%. 3) The effect on ground or surface water quantity or quality or on air quality; Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. It can • also hinder the gill activity of fish and smother freshwater mussels and other benthic organisms in large enough concentrations. BOD and COD are treated as in-stream toxicants by the State of North Carolina. BOD and COD are oxygen-consuming wastes and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee switched to liquid chlorine disinfection and dechlorination in October 2008 and noted improved disinfection so it unclear why there are elevated levels of fecal coliform in the Pharr Yarns WWTP. A previous review of the secondary filtration systems at the WWTP discovered that one filter was failing and the permittee had noted in October 2008 that they were exploring corrective actions. The permittee does not note any progress on this issue on the DMRs since October 2008 and offers no explanation for the violations noted in this civil penalty assessment. 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 There have been 24 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with nine CPAs issued in the past twelve months as detailed below. Case Number Description LM-2009-0015 $1,783.64 LV for fecal coliform and TSS and a MV for COD, total phosphorus, and total nitrogen. Penalty was paid in full. LV-2009-0041 $1,083.64 LV for fecal coliform and TSS. Penalty was paid in full. LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LR-2008-0013 $600 LR for the June 2008 DMR. Penalty was paid in full. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. • 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was$83.64. 5/3/0 T1/ 4 Date RO Supervisor Division of Water Quality Report Date: 05/04/09 Page: 6 of 22 MONITORING REPORT(MR) VIOLATIONS for: °� 1 2009 and ;, 1-2009.-, Region: Mooresville A` violation Category: Limit Violation :Program Category % Permit: <-, MRs Between: , Facility Name: °I° Param Name % .' `. County: %'Fk Subbasln % : Violation Action Major Minor: PERMIT: NC0004812 FACILITY: Pharr Yarns Inc - Pharr Yarns Industrial WWTP COUNTY: Gaston REGION: Mooresville Limit Violation j _V—" CA -� CALCULATED 9 MONITORING OUTFALL/ REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT VALUE / P VIOLATION TYPE VIOLATION `� `f!- Exceeded None ACTION - 01-2009 001 Effluent BOD, 5-Day (20 Deg. C) 01/21/09 Weekly Ibs/day 181 239 Daily Maximum LEZ Oxygen Demand, Ibs/day 849.6/ 1,846'v/%k")i+�Daily Maximum Exceeded ` None 01-2009 001 Effluent COD, Chem. (High Level) 01/21/09 Weekly / �Average Exceeded:_` None 01 -2009 001 Effluent Oxygen Demand, COD, O 01I31/09 Weekly Ibs/day 475V 889.5`� Monthly Chem. (High Level) 01 -2009 001 Effluent Coliform, Fecal MF, M-FC 01/O6/09 Weekly #/100ml 400 ,/ 1,582 c/a � Daily Maximum Exceeded`ir None Broth,44.5C 'V/p'X" 01 -2009 001 Effluent Coliform, Fecal MF, M-FC 01/07/09 Weekly #/100ml 400V/ 2,291 Daily Maximum Exceeded,* None Broth,44.5C 01-2009 001 Effluent Coliform, Fecal MF, M-FC 01/08/09 Weekly #/100ml 400'r 846 ✓ ��Daily Maximum Exceeded:'. None Broth,44.5C 01 -2009 001 Effluent Coliform, Fecal MF, M-FC 01/14/09 Weekly y #/100m1 400V� V 3,000 i$� Daily Maximum Exceeded f;� None Broth,44.5C 01 -2009 001 Effluent Coliform, Fecal MF, M-FC 01/15/09 Weekly #/100ml 400'v� 14,800V,.���Daily Maximum Exceeded + None ' Broth,44.5C 01-2009 001 Effluent Coliform, Fecal MF, M-FC 01/22/09 Weekly #/100ml 400 / v� 582 V k Daily Maximum Exceeded atwl None Broth,44.5C 01 -2009 001 Effluent FC M MF Coliform, Fecal , - 01129/09 Weekly #/100m1 400 1,528 V6" Daily Maximum Exceeded'*' None Broth,44.5C GeoeeeticMes.n:^'�I > 01-2009 001 Effluent Coliform, Fecal MF, M-FC 01/31/09 Weekly#/100ml 200 462.37v �'�Monthl None � rGJ Broth,44.5C 01-2009 001 Effluent Solids, Total Suspended 01/07/09 Weekly Ibs/day 249.7,,E 351 V Daily Maximum Exceeded,,,* NoneIc ' rJ 01-2009 001 Effluent Solids, Total Suspended 01/21/09 Weekly Ibs/day 249.7V/ / 6V 814 ^', Daily Maximum Exceeded q, None v /9 Average Exceeded,'::} None A( 01-2009 001 Effluent Solids, Total Suspended 01/31/09 Weekly Ibs/day 147.7 355.5 ��Monthly '--� 464T', ,/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 2, 2009 W H COZART PHARR YARNS INC PO BOX 1939 MC ADENVILLE NC 281011939 NOV - 5 2 T�9 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Pharr Yarns Industrial WWTP Permit Number: NC0004812 • Case Number: LV-2009-0217 Gaston County Dear Mr.Cozart: This letter is to acknowledge receipt of check number 233326 in the amount of$1,583.64 received from you dated October 28, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files esxeestrilRegional Office Supervisor 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919.807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 NorthCarolina Internet:wwwtunyy terirmative rg An a j/ 4jj f An Equal Opportunity',Affirmative Action Employer -rat-4A A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 15, 2009 CERTIFIED MAIL 7007 1490 0004 4510 2398 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville, North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LV-2009-0217 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,583.64 ($1,500.00 civil penalty+ $83.64 enforcement costs) against Pharr Yams, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for March 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-6040 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper Naturally $ 1,500.00 For 3 of the three (3) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 1,500.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 1,583.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR V , JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0217 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,583.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2009-0217 Having been assessed civil penalties totaling $1,583.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 15,2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE ATTACHMENT A CASE NO. LV-2009-0184 Outfall Date Parameter Reported Value Permit Limit 001 3/4/09 Fecal coliform 1,091 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 3/11/09 Fecal coliform 800 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 3/12/09 Fecal coliform 628 CFU/100 mL* 400 CFU/100 mL (Daily maximum) * Denotes civil penalty assessment operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. -t45-/Zov f / Z l (Date)` Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2009-0217 Permit Number: NC00048 12 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; The fecal coliform concentration in the Pharr Yarns WWTP effluent was 1,091 CFU/100 mL, 800 CFU/100 mL, and 628 CFU/100 mL on March 4th, 11th, and 12th, which exceeded the daily maximum permit limit of 400/100 mL. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 57% to 173% during March 2009. 3) The effect on ground or surface water quantity or quality or on air quality; Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee notes on the DMR that the violations were caused by "Operator malfunction" and that the Operator is being retrained. 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 There have been 26 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with nine CPAs issued in the past twelve months as detailed below. Case Number Description LV-2009-0184 $3,083.64 LV for fecal coliform. Penalty is within the 30-day response window. LV-2009-0156 $10,083.64 LV for fecal coliform, TSS, BOD, and COD. Permittee has requested remission. LM-2009-0015 $1,783.64 LV for fecal coliform and TSS and a MV for COD, total phosphorus, and total nitrogen. Penalty was paid in full. LV-2009-0041 $1,083.64 LV for fecal coliform and TSS. Penalty was paid in full. LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. ?//3;/,/2:007 1//4-- Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date 07/14/09 Page' 5 of 19 • Permit % MRs Between: 3-2009 and 3-2009 Region:Mooresville Violation Category:Limit Violation Program Category:NPDES WW Facility Name: % Param Name:% County:% Subbasin:% Violation Action: % Major Minor: PERMIT: 1071528 FACILITY: Lake Nor •n Woods meowners Association-Lake COUNTY atawba ION: Mooresville Norma oods WWTP , imit Violation ?�" MONIT' -INGOUTFALL/ VIOLATIf. NIT OF C ULATED REP,RT PPI LOCA N PARAMET• ' DATE FREQUENCY MEASURE LIMIT ALUE VIOLATION TYP VIOLA N ACTION 03 2009 001 Efflu- Chlori ,Total Residual 03/09/09 '1R X week ug/I 28 *, 3 Daily Maximum Exce d No ion,BPJ PERMIT:NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville Limit Violation fir`— c�. fit"" 0 , 1'4- MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED —REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 03-2009 001 Effluent Coliform,Fecal MF,M-FC 03/04/09 Weekly #/100m1 400 1,091 t'' 3 Daily Maximum Exceeded None 4i- c,c Broth,44.5C 03-2009 001 Effluent Coliform,Fecal MF,M-FC 03/11/09 Weekly #/100m1 400 800 lC '' Daily Maximum Exceeded None At, r.C."C Broth,44.5C 03-2009 001 Effluent Coliform,Fecal MF,M-FC 03/12/09 Weekly #/100m1 400 628 L7� Daily Maximum Exceeded None i' Broth,44.5C --- _ •- '")('i�)-1 ?-'A��-l�ti����iC"C - t`4�,L%--= &_ Ic-,_ Ni .:,----C-) t, t, �c. `_ PERMIT:NC0005274 FACILITY: Kings Mountain Venture#1 LLC-Kings Mountain COUNTY:Gaston REGION: Mooresville ) ,' 4�" Venture#1,LLC Limit Violation 1--x. , - is —t'(-- 1---V1; MONITORING OU _ IOLATION UNIT OF .- CAL LATED REPORT 'PI ATION PARAMETER DATE •EQUENCY MEASURE ; LIMIT UE VIOLATION TYPE VIOLATION ACTI i .i 03-2009 001 , Iuent pH 03/30/09 week su 6 3. Daily Minimum Not "ached None • 1 03-20 001 E ;nt pH 03/31/09 5 eek 6 3.5 Daily Minimu . •t Reached None a+ ,i; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor. Director Secretary November 2, 2009 W H COZART PHARR YARNS INC v` PO BOX 1939 MC ADENVILLE NC 281011939 NOV - 5 2009 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Pharr Yarns Industrial WWTP Permit Number: NC0004812 r r: • r Case Number: LV-2009-0379 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 233326 in the amount of$533.71 received from you dated October 28, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files IikWtrIrrtlferrith,Regierrai-Of6e494uperriser. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-6300\FAX:919-807-64921 Customer Service:1-877-623-6748 North Carolina Internet:www.ncwaterquality.org Naturally J��, An Equal Opportunity\Affirmative Action Employer �! [ " Irlg FA P.77 A •.A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 20, 2009 CERTIFIED MAIL 7008 1140 0002 2716 8038 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yams, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0004812 Pharr Yarns WWTP Gaston County Case No. LV-2009-0379 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $533.71 ($450.00 civil penalty+$83.71 enforcement costs) against Pharr Yams, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for July 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yams, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against Pharr Yams, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 • One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org $ 300.00 For 2 of the two (2) violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 150.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for sulfide. $ 450.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 533.71 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. 143B-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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 F . OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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"Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty (30) days 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 Office 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 (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 §150B-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 Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 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 DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at(704) 663-1699. F . ib _, __-- (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2009-0379 Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 1,320/100 mL* 400/100 mL (Daily maximum) 001 Fecal coliform 1,400/100 mL* 400/100 mL (Daily maximum) 001 Sulfide 6.3 lbs/day * 5.8 lbs/day (Daily maximum) * Denotes civil penalty assessment JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0379 Assessed Party: Pharr Yams, Inc. County: Gaston Permit Number: N00004812 Amount Assessed: $533.71 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2009-0379 Having been assessed civil penalties totaling $533.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 20, 2009, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2009 BY ADDRESS TELEPHONE 5^!o,p,•�,. _r ....:i`� .,,,n, e1 Ns Report Date 1s 0 l08l09MONITORING REPORT(MR)VIOLATIONS for: ACPag e: 8 of 25 n yr a;.,- a '+ wV fr ....tt g t �l . Q � e ��a ';V #a #J x • Cat 9 y 1 ul la!$ pi-Program'Cate9 ry< ivft ' y � � MR p A �. f99Ff rd - 7 :,r: : 7I nQ f �..� - �� 9t9�- -r .3 . a . rcr � . .. .,x P"Eefrtl 0�.,:,id:. ,.� , 1�14.,, 3,.-7 .. . � ,` ., ,f r,a- .., 4s xv: Y.. .: 4 .i ! . ; �v �.e r,, r i . -r,, _ ..yr.. < '=� 5 „ 5 t, . "�. " Ls:' ^• *� '.. r a `4 } County0 'l t r. � f S�jhbaIn V/ � � , n.Violationtion o! - ., 'cFaclrtVNariec:. ;3 4„ . xx a ' , .P aremme../_ . . t1 : ,` cr,:. isty :1 ,+ �� 0�.. n ; s x; ' s,,.:._ .313; ::. v.:..u,4 ,k . � ;a n! _n,.- 4 ,ex ,: �v ,. � :�ti br �!• " r } W � 3. t,� q e ^(xaj . }r eS::.,-, • . _ .�%r.sMa orMInor !aY r } .. ^ P ' vr : F , n9e� � �rrSat.uw,.'t� �iuk8 ' . ,} .A.d3°fti3 „f �. t...t.. ,y.,ek, :' :..acs.a�i.�l_..,_. _. .._.. . .-,..... _ -.. .�':Y;, ,v. ,�,..s .::�ytkC:wsar.i._:c%�?:.'.:d?�3t .x....dc y PERM 0027197 FACILITY: City of Shelby-Shelby WTP COUNTY:Cleveland REGION: Mooresville Limit Violation �' t=�— n -5 VK1 '`j 3'G�- '" + MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE OL7l?ION TYPE VIOLATION ACTION 07-2009 CONV000137 Coliform,Total MF, 07/31/.• X year #/100m1 1 2 • 9.8' Limit Exceeded None Immed,LES Endo Agar 07-2009 CONV000660 Arsenic,Total(as As) 07/31/09 3 X year me 0.01 0.062 Limit Exceeded None 07-2009 CONV000660 Coliform,Total MF, 07/31/09 3 X yea #/100m1 1 2,419.6 Limit Exceeded None Immed,LES Endo Agar 07-2009 CONV001177 Coliform,Total MF, : 31/09 3 X year #/100m1 1 2. . Limit Exceeded None Immed,LES Endo Agar • 07-2009 CONV002715 Arsenic,T. - as As) 07/31/09 3 X year mg/I 0.01 0.013 Limit Exceeded None 07-2009 CONV003229 Arsenic,Total(as As) 07/31/09 3 X year mg/I 0.01 0.044 Limit Exceeded None 07-2009 CONV9D56.7 Coliform,Total MF, 07/31/09 3 X year #/100m1 1 1,203.3 Limit Exceeded None Immed,LES Endo Agar J • PERMIT: NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville Limit Violation �� ` �0 Y �� MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE C' 2., VIOLATION TYPE VIOLATION ACTION 1 07-2009 001 Effluent Coliform,Fecal MF,M-FC 07/16/09 Weekly #/100mI 1/400 1,320'f o: Daily Maximum Exceeded None �!1 1t.--)L Broth,44.5C Coliform,Fecal MF,M-FCj s (r 07-2009 001 Effluent 07/21/09 Weekly #/100m1 1400 1,400d ���Daily Maximum Exceeded None f Broth,44.5C sit- itT,I ' ' 07-2009 001 Effluent Sulfide,Total(as S) 07/24/09 Weekly lbs/day �5.8 6.3 t •(1 Daily Maximum Exceeded None ,Y 1• CI-� r . NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yams, Inc. Facility: Pharr Yams WWTP County: Gaston Case Number: LV-2009-0379 Permit Number: NC0004812 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; The fecal coliform concentration of 1,320 CFU/100 mL and 1,400 CFU/100 mL on July 16th and 21st exceeded the permit daily maximum limit of 400 CFU/100 mL. The sulfide concentration of 6.3 lbs/day on July 24th exceeded the permit daily maximum limit of 5.8 lbs/day. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 230-250% on July 16th and 21st. The sulfide daily maximum permit limit was exceeded by 8.6% on July 24th. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as there was no in-stream Monitoring on the day of the violations. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally and the DMR does not provide an explanation for the violations. 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 There have been 28 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with eight CPAs issued in the past twelve months as detailed below. Case Number Description LV-2009-0290 $483.64 LV for fecal coliform and sulfide. Penalty was paid in full. LV-2009-0217 $1,583.64 LV for fecal coliform. Penalty is unpaid. LV-2009-0184 $3,083.64 LV for fecal coliform. Penalty was paid in full. LV-2009-0156 $10,083.64 LV for fecal coliform, TSS, BOD, and COD. Permittee has requested remission. LM-2009-0015 $1,783.64 LV for fecal coliform and TSS and a MV for COD, total phosphorus, and total nitrogen. Penalty was paid in full. LV-2009-0041 $1,083.64 LV for fecal coliform and TSS. Penalty was paid in full. LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. 1ofL0I6 9 Z-1 Date Robert B. Krebs Regional Supervisor—Surface Water Mooresville Region Division of Water Quality ATM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 15, 2009 CERTIFIED MAIL ITEM 7007 0710 0000 5376 8928-RETURN RECEIPT REQUESTED Mr. J. M. Carstarphen Pharr Yarns, Inc. P.O. Box 1939 Mc Adenville, NC 28101-1939 Subject: Notice of Violation Failure to Submit Renewal Application NPDES Permit NC0004812 Pharr Yarns Industrial WWTP Gaston County Dear Permittee: The subject permit's expiration date is January 31, 2010. Federal [40 CFR 122] and state (15A NCAC 2H.0105 (e))regulations require that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than August 4, 2009. As of this date, the Division has not received your renewal application. This is a violation of Part II. B. 10. of your permit, which states"Any permittee that has not requested renewal at least 180 days prior to expiration...will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.". To prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than September 30, 2009. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge from your facility has ceased and you wish to rescind this permit [or if you have any questions] please contact Charles H. Weaver of my staff. His telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, 61fr r:-.:f• .':,w ' • ' ,b Y w`1i Coleen H. Sullin cc: C-• al Files OCT - 1 2009 NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarolina Phone: 919 807-6391 I FAX 919 807-6495/charles.weaver@ncdenr.gov Naturally An Equal Opportunity/Affirmative Action Employer-50%Recycledll0%Post Consumer Paper NPDES Permit NC0004812 Pharr Yarns Industrial WWTP Gaston County The following items are REQUIRED for all renewal packages: o A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. o The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. o If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, submit written documentation showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). o A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following item must be submitted by Industrial or Municipal facilities discharging industrial process wastewater: o Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA cannot be completed by the time you complete your application package, submit the application package without the PPA. Submit the PPA as soon as possible after you receive the completed analyses. The above requirement does NOT apply to non-industrial facilities. Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 WrA Ai• . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 15, 2009 CERTIFIED MAIL ITEM 7007 0710 0000 5376 8928 -RETURN RECEIPT REQUESTED Mr.J.M. Carstarphen Pharr Yarns, Inc. P.O. Box 1939 Mc Adenville, NC 28101-1939 Subject: Notice of Violation Failure to Submit Renewal Application NPDES Permit NC0004812 Pharr Yarns Industrial WWTP Gaston County Dear Permittee: The subject permit's expiration date is January 31, 2010. Federal [40 CFR 122] and state (15A NCAC 2H.0105 (e))regulations require that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than August 4, 2009. As of this date, the Division has not received your renewal application. This is a violation of Part II. B. 10. of your permit, which states"Any permittee that has not requested renewal at least 180 days prior to expiration...will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.". To prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than September 30, 2009. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge from your facility has ceased and you wish to rescind this permit [or if you have any questions] please contact Charles H. Weaver of my staff. His telephone number, fax number and e-mail address are listed at the bottom of this page. Sin -rely, ,) r &it. c• • leireen H. Sullins cc: central Files ooresville , =: . S 0e Water ProteetW NPDES File SEP 1 7 200; • 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 D'� -- One : , 512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarolina Phone: 919 807-6391/FAX 919 807-6495/charles.weaver@ncdenr.gov . Naturally An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 24, 2009 W H COZART VICE PRESIDENT OF CORPORATE ENGINEERING PHARR YARNS INC401 ref% PO BOX 1939 MC ADENVILLE NC 281011939 \1 7-1 .7 ;.t:. . * . SUBJECT: Payment Acknowledgment AUG 2 6 2009 Civil Penalty Assessment Pharr Yarns Industrial WWTP Permit Number: NC0004812 Case Number(111111INEMMIIIP At�on P.� �;,:a, . LV-2009-0184 ` e.,, :�;: ` aa >r:. .,��v� Gaston County • Dear Mr. Cozart: This letter is to acknowledge receipt of check number 231174 in the amount of$3,567.28 received from you dated August 21, 2009. This payment satisfies in full the above civil assessment(s) levied against the subject facility, and these cases have been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, Jovonah Weeden cc: Central Files 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-6492\Customer Service:1-877-623-6748 NorthCarol_ina Internet:www.ncwaterquality.org Natural!!An Equal Opportunity 1 Affirmative Action Employer A -AL/7/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 13, 2009 CERTIFIED MAIL 7007 1490 0004 4510 2473 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0004812 Pharr Yarns Industrial WWTP Gaston County • Case No. LV-2009-0290 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $483.64 ($400.00 civil penalty+ $83.64 enforcement costs) against Pharr Yams, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for April 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yams, Inc. violated the terms, conditions, or requirements of NPDES Permit No.NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yams, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet www.ncwaterquality.org • Vatiiri7//,i $ 400.00 For 2 of the two (2) violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0004812,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 0.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total sulfide. $ 400.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 483.64 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. 143B-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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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"Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 5// /0 (71 71 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2009-0290 Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 1,400/100 mL* 400/100 mL (Daily maximum) 001 Fecal coliform 10,100/100 mL* 400/100 mL (Daily maximum) 001 Total sulfide 6.2 lbs/day 5.8 lbs/day (Daily maximum) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO.NC0004812 ) FILE NO. LV-2009-0290 Having been assessed civil penalties totaling $483.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 13, 2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0290 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $483.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2009-0290 Permit Number: NC0004812 ASSESSMENT FACTORS 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; The fecal coliform concentration of 1,400 CFU/100 mL and 10,100 CFU/100 mL on April 22nd and 29th respectively exceeded the daily maximum permit limit of 15.0 mg/L. The total sulfide concentration of 6.2 lbs/day exceeded the daily maximum permit limit of 5.8 lbs/day on April 29, 2009. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 250% and 2,425% on April 22nd and 29th respectively. The total sulfide daily maximum permit limit was exceeded by 6.9% on April 29, 2009. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. The downstream fecal coliform was not increased on either April 22nd or 29th compared with the upstream sampling location. However, the downstream sampling station is located below a large dam. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee notes on the DMR that the violations were caused by "Operator malfunction" and that the Operator is being retrained. In addition, an engineering study is under way and the effluent filter is being repaired to correct problems with the effluent. 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 There have been 27 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with ten CPAs issued in the past twelve months as detailed below. Case Number Description LV-2009-0217 $1,583.64 LV for fecal coliform. Penalty is within the 30-day response window. LV-2009-0184 $3,083.64 LV for fecal coliform. Penalty is unpaid. LV-2009-0156 $10,083.64 LV for fecal coliform, TSS, BOD, and COD. Permittee has requested remission. LM-2009-0015 $1,783.64 LV for fecal coliform and TSS and a MV for COD, total phosphorus, and total nitrogen. Penalty was paid in full. LV-2009-0041 $1,083.64 LV for fecal coliform and TSS. Penalty was paid in full. LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $83.64. 9/-3 idet 1 ✓ it- Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 08/12/09 Page: 7 of 25 - ' • Permit % MRs Between 4 2009 and 4 2009 Region:Mooresville Violation Category:Limit Violation ' Program Category:% Facility Name: % Param Name:% County% Subbasin:% Violation Action: % Major Minor: PERMIT: NC0071528 FACILITY: Lake Norman Woods Homeowners Association-Lake COUNTY:Catawba REGION: Mooresville Norman Woods WWTP Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE i VIOLATION TYPE VIOLATION ACTION 04-2009 001 Effluent Chlorine,Total Residual 04/07/09 2 X week ugh' 28 35 Daily Maximum Exceeded No Action,BPJ 1 04-2009 001 Effluent Chlorine,Total Residual 04/27/09 2 X week ug/I 28 31 Daily Maximum Exceeded No Action,BPJ 04-2009 001 Effluent Chlorine,Total Residual 04/29/09 2 X week ug/1 28 40 Daily Maximum Exceeded No Action,BPJ PERMIT: NC0065242 FACILITY: Town of Grover-Grover WWTP COUNTY:Cleveland REGION: Mooresville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 04-2009 001 Effluent Chlorine,Total Residual 04/10/09 2 X week ug/I 28 30 Daily Maximum Exceeded No Action,BPJ • PERMIT: NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville Limit Violation �� `� Oa,a 0 • MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED r, REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE ,�=_ VIOLATION TYPE VIOLATION ACTION 04-2009 001 Effluent Coliform,Fecal MF,M-FC 04/22/09 Weekly #/100m1 400 1,400 aSU Daily Maximum Exceeded None ` ', f i Broth,44.5C 04-2009 001 Effluent Coliform,Fecal MF,M-FC 04/29/09 Weekly #/10om1 400 10,100 a/�AGDaily Maximum Exceeded None :4, ts�> Broth,44.5C It' 04-2009 001 Effluent Sulfide,Total(as S) 04/29/09 Weekly lbs/day 5.8 6.2 62,`y1 Daily Maximum Exceeded None U rl = tQ . �t-t.-I- ��c.Le.� ��> P F1c3L = Q1-. c>? ktsly •, A: • ,i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 24, 2009 W H COZART VICE PRESIDENT OF CORPORATE ENGINEERING PHARR YARNS INCn row ;ih PO BOX 1939 kva, k MC ADENVILLE NC 281011939 _ '" . SUBJECT: Payment Acknowledgment AUG 2 u Civil Penalty Assessment Pharr Yarns Industrial WWTP Permit Number: NC0004812 Case Number . , T1 Gaston Count Dear Mr. Cozart: This letter is to acknowledge receipt of check number 231174 in the amount of$3,567.28 received from you dated August 21, 2009. This payment satisfies in full the above civil assessment(s) levied against the subject facility, and these cases have been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, Jovonah Weeden cc: Central Files DWQ Mooresville Regional Office Supervisor 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 North C aro l i n a Internet:www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Naturally 7 AkiP A7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 5, 2009 CERTIFIED MAIL 7007 1490 0004 4510 2299 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LV-2009-0184 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,083.64 ($3,000.00 civil penalty+ $83.64 enforcement costs) against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for February 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812.. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yarns,Inc. violated the terms, conditions, or requirements of NPDES Permit No.NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,I,Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Natural!!! An Equal Opportunity 1 Affirmative Action Employer—50%Recycled/10%Post Consume;paper $ 2,250.00 For 9 of the nine (9)violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 750.00 For 1 -of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 3,000.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 3,083.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 6 q_, 4 1 I • (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma • ATTACHMENT A CASE NO. LV-2009-0184 Outfall Date Parameter Reported Value Permit Limit 00i 2/4/09 Fecal coliform 928 Cr'U/100 mL* 400 CFU/100 mL(Daily maximum) 001 2/5/09 Fecal coliform 991 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 2/10/09 Fecal coliform 555 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 2/11/09 Fecal coliform 500 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 2/12/09 Fecal coliform 10,900 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 2/17/09 Fecal coliform 4,600 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 2/18/09 Fecal coliform 3,400 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 2/19/09 Fecal coliform 4,000 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 2/24/09 Fecal coliform 410 CFU/100 mL* 400 CFU/100 mL (Daily maximum) • 001 2/28/09 Fecal coliform 872 CFU/100 mL* 200 CFU/100 mL(Monthly geometric mean) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO.NC0004812 ) FILE NO. LV-2009-0184 Having been assessed civil penalties totaling$3,083.64 for violation(s)as set forth in the assessment document of the Division of Water Quality dated June 5,2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0184 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 'Amount Assessed: $3,083.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2009-0184 Permit Number: NC0004812 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; The fecal coliform concentration in the Pharr Yarns WWTP effluent was 928 CFU/100 mL, 991 CFU/100 mL, 555 CFU/100 mL, 500 CFU/100 mL, 10,900 CFU/100 mL, 4,600 CFU/100 mL, 3,400 CFU/100 mL, 4,000 CFU/100 mL, and 410 CFU/100 mL on February 4th, 5th, 10th, 11th, 12th, 17th, 18th, 19th, and 24th, which exceeded the daily maximum permit limit of 400/100 mL. In addition, the monthly geometric mean fecal • coliform concentration was 872 CFU/100 mL, which exceeded the permit limit of 200 CFU/100 mL. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 2.5% to 2,625% during February 2009, whereas, the monthly geometric mean limit was exceeded by 336%. 3) The effect on ground or surface water quantity or quality or on air quality; Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The permittee noted in a meeting on May 26, 2009, at the Mooresville Regional Office that an operator at the WWTP was using less hypochlorite disinfectant unbeknownst to the management at the facility during January and February 2009 in an effort to "save money". The amount of money saved by noncompliance is equal to the cost of the "saved" amount of sodium hypochlorite disinfectant. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally but the violations are related to the actions of an operator at the WWTP trying to save money by using less disinfectant. 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 There have been 25 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with nine CPAs issued in the past twelve months as detailed below. Case Number Description LV-2009-0156 $10,083.64 LV for fecal coliform, TSS, BOD, and COD. Penalty is within the 30-day response period. LM-2009-0015 $1,783.64 LV for fecal coliform and TSS and a MV for COD, total phosphorus, and total nitrogen. Penalty was paid in full. LV-2009-0041 $1,083.64 LV for fecal coliform and TSS. Penalty was paid in full. LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LR-2008-0013 $600 LR for the June 2008 DMR. Penalty was paid in full. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. l Date RO Supervisor Division of Water Quality • MONITORING REPORT(MR)VIOLATIONS for: Report Date: 06/04/09 Page: 6 of 19 MRsBetween° .2-2009 and 2 2009 Region Mooresville W 1; Violation Category Limit Violation 4 Program Category: Permit % � z rk -, . 4 x 41.,1, hp,,,,, LT^� .c, s6. ,,;40,i%S °/ ;r .y ` Violation Action.0 :' �� % Par�m Name. /o � `� ,{ , County �o^ , ,:, �, z t h Facility Name: a F k n 4 u y'�' r'� sS�,R, �'ng�' �- �"`*°z2.m; ✓�ar z' �'Q <n �x�r E � ��"'�; _'t y,= %' ,,s c�ify. . ,.� >.h' y �,, MU �..�, d e h;x,,s�r,, fi x,#� b * i ..t 3 :s Major Minor: �v ,, ` > - ,} .,.., „?'t�4,a.s�.t- ` s r ,..,w .#; a�'����i1���*-, .'�,�.:�'�. ..�':�NRw an,.A"✓;a�'�.�r r+<,;.:...<�;..'�A� +,.,.:�n�F4�:��6i� . ��3. :� � PERMIT:NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville Limit Violation 1^`f' . 9 — 0 1 MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 02-2009 001 Effluent Coliform,Fecal MF,M-FC 02/04/09 Weekly #/100m1 400 928 Daily Maximum Exceeded None Broth,44.5C 02-2009 001 Effluent Coliform,Fecal MF,M-FC 02/05/09 Weekly #/100m1 400 991 Daily Maximum Exceeded None Broth,44.5C ' 02-2009 001 Effluent Coliform,Fecal MF,M-FC 02/10/09 Weekly #/100m1 400 555 Daily Maximum Exceeded None Broth,44.5C 02-2009 001 Effluent Coliform,Fecal MF,M-FC 02/11/09 Weekly #/100mI. 400 500 Daily Maximum Exceeded None p, C 'K61 Broth,44.5C l'G 02-2009 001 Effluent Coliform,Fecal ME,M-FC 02/12/09 Weekly #/100m1 400 10,900 Daily Maximum Exceeded None Broth,44.5C 02-2009 001 Effluent Coliform,Fecal MF,M-FC 02/17/09 Weekly #/100m1 400 4,600 Daily Maximum Exceeded Non Broth,44.5C 02-2009 001 Efluent Coliform,Fecal MF,M-FC 02/18/09 Weekly #/100m1 400 3,400 Daily Maximum Exceeded None Broth,44.5C 02-2009 001 Efluent Coliform,Fecal MF,M-FC 02/19/09 Weekly #/100m1 400 4,000 Daily Maximum Exceeded None Broth,44.5C 02-2009 001 Effluent Coliform,Fecal MF,M-FC 02/24/09 Weekly #/100m1 400 410 Daily Maximum Exceeded None Broth,44.5C 02-2009 001 Effluent Coliform,Fecal MF,M-FC 02/28/09 Weekly #/100m1 200 872.03 Monthly Geometric Mean None * -SC Broth,44.5C Exceeded r r cam- cold rv�'` A/C) PHARR YARNS IWTP NPDES PERMIT- DMR REPORTING SUMMARY Average Average Fecal Col. Total Residual Phenol Month Ave Flow Max Flow Min Flow BOD5 TSS Geo. Mean Chlorine MGD MGD MGD LBS LBS #/100 ML Ug/L LBS Jun-07 0.196 0.286 0.056 104 133 1.32 0 0.00 Jul-07 0.163 0.286 0.003 40 35 6.1 0 0.01 Aug-07 0.188 0.283 0.048 37 24 47 0 0.01 Sep-07 0.144 0.302 0.018 37 56 12 0 0.04 Oct-07 0.141 0.253 0.024 37 90 36 <26 0.03 Nov-07 0.111 0.201 0.041 40 126 173 0 0.02 Dec-07 0.144 0.546 0.000 .117 122 1601` 0 0.04 Jan-08 0.162 0.440 0.010 27 73 459 36.4 0.53 Feb-08 0.165 0.289 0.080 6.8 25 447 0 0.27 Mar-08 0.165 0.310 0.035 13.3 2.89 34 16 0.05 Apr-08 0.086 0.187 0.004 12 56 9756 275 0.44 May-08 0.095 0.202 0.020 34 182 341 88 2.60 Jun-08 Jul-08 NPDES PERMIT LIMITS Cad Q=< 0.5 MGD MONTHLY AVERAGE <0.5 r 113.4 147.7 200 28 1.4 DAILY MAXIMUM 181.0 249.7 400 2.9 NPDES PERMIT LIMITS A Q=>0.5 MGD MONTHLY AVERAGE >0.5 204.7 239.0 200 28 1.4 DAILY MAXIMUM 318.0 386.7 400 2.9 L:\Projects\Pharr Yarns\8042200CL\Documents\A_General\NPDES Summary.xls PHARR YARNS IWTP EFFLUENT FLOW 0.6 -- ----- ry 7 04; f:41:4 V,J p.-ax ,; ems: 0.5 • 0.4 t� 2 0 -J LA. 0.3 H z uJ J LV 0.2 — 0.1 0 — Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08 MONTH [—e -MONTHLY AVERAGE -U—DAILY MAXIMUM —e—DAILY MINIMUM PHARR YARNS IWTP EFFLUENT BOD5 140 .. 120 -- • NPDES EFFLUENT BSD5 LIMIT 113.4 LiBSD• • • • . . 100 _ in m J 80 -- - — — - 0 0 CO w60 —— -- --. J LL U W 20 0 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08 MONTH Average BOD5 LBS —*—NPDES Permit Limit PHARR YARNS IWTP EFFLUENT TSS 200 ,°" &fie , .,T ° 180 160 • NPQES PEF UIIT LIMJJ 147.7 `BS/D 140 0 m 120 — — — — — -J N I— 100 z w u_ 80 — u_ w 60 40 20 0 — — Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08 MONTH --♦—PHARR YARNS EFFLUNET TSS —N—NPDES Permit Limit Pharr Yarns Effluent Fecal Coliform 45000 40000 35000 , ., - : -; I1 E 0 30000 ,; . E 25000 '` x 4 20000 ; . .° ill q.e+ Aar '., k ^t'�,`"e, ra € ? '" s r 10000 4 , 5000 - NPDES PERMIT LIMIT 200 #/100 ML • 0 — 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0\Cr3"/' \`L61' \\1)9'\,�(0' \' `t'�\N41/�\`L°'`Lc\,gel\Lz`Lc:\\o\'\' No\�Lp\tiN'\.\\\, `LN\`tit\r�\Nr \`L \\ry`L�\N�°\`LN\')0\`tip\•,\`ti(0.‘\`ti`\N`y\`Ln)\1:\`ti p\°'\`ti 0`�\`L 4\\`L0L Date +Effluent Fecal (#/100m1) :0 :4 ; Q . 10 rrM aCo, a9 P\r -elf-\Io-ctA5 m-i-6 - - Z.Qi. Mill -.D! 111\a\ kAC‘4 ) -N 3 Q - KOD , lic,,-w / /---sbuy i --bo ()_.-- Nina, c) 1 (34 eldf4v5 1 (i)(A) C‘ --(A.A1P 0 �arne-g. '77 ,0 7Jc / "l ✓1* /� , ��17 ec W f 7 0 ok 5ev-- /ki e,0,6, C ,4G�,.c Ph ��rr - �4 I^,vWs J 1 -e // _ Y 6( ^ 14 ,V4 /1s:4 K.c43 --Pc. a - 1/71' . . May 13, 2009 Mr. Dennis Sayre U.S. Environmental Protection Agency Clean Water Enforcement Branch MAY 1 5 2009 61 Forsyth Street, S.W. Atlanta, Georgia 30303-8960 r RE: Notice of Violation No. 309-2009-20 DWA-Surface Wafer Prceelon NPDES Permit No. NC0004812 Pharr Yarns, Inc. WWTP Dear Mr. Sayre: This letter is in response to the April 17, 2009 letter from Mr. James D. Giattina regarding NPDES Permit effluent violations at the subject facility, a copy of which is enclosed. The following explanation is offered with regard to the noted violations: Biochemical Oxygen Demand (BODJ and Chemical Oxygen Demand (COD) • Violations of effluent BOD5 and COD daily maximum limits are directly attributed to the large volume, high strength batch wastewater releases from the dying process to the WWTP. These releases often result in a daily effluent limit excursion that impacts the monthly average. Graphs reflecting the recent monthly average monitoring results for BOD5 and COD are attached as Exhibit A. • In November 2008, modifications were made at the dying process wastewater transfer process to reduce the volume of batch dye wastewaters transferred with each pumping cycle. This significantly reduced the impact on the wastewater treatment biological process and improved the ability of the activated sludge biological treatment system to properly treat the wastewaters. • It is noted that the NPDES Monthly Limit for BOD5 and COD reported in the DMR's are from a former permit. The limits for BOD5 based on a flow of 0.5 mgd were changed in 2006 from 109.2 lbs/day to 113.4 lbs/day with a daily maximum of 181.0 lbs/day. The limits for COD based on a flow of 0.5 mgd were changed from 423.6 lbs/day to 475 lbs/day with a daily maximum of 849.6 lbs/day. A copy of the current permit is enclosed. Total Suspended Solids (TSS) • The wastewater treatment process utilizes three (3)pressure filter units that were installed in 1971. Evaluation of these filters in December 2008 determined that one of the filters had a significant loss of filter media allowing suspended solids to pass through the unit, impacting the effluent suspended solids concentration. This unit has now been taken off line and is undergoing major repairs to replace the filter media Pharr Yarns,LLC • 100 Main Street • PO Box 1939 • McAdenville North Carolina 28101-1939 • Phone 704.82413551 and correct the deficiency. Future periodic testing of individual filter units will be performed to catch future filter failures before they present significant problems. • It is noted that the NPDES Monthly Limit for TSS reported in the DMR's is from a former permit. The limit for TSS based on a flow of 0.5 mgd was changed in 2006 from 137.1 lbs/day to 147.7 lbs/day with a daily maximum of 849.6 lbs/day. • A graph reflecting the recent monthly average monitoring results for TSS is attached as Exhibit B. Total Sulfides • Sulfides within the plant effluent are also attributed to solids passing through the effluent filters and accumulating within the chlorine contact chamber releasing sulfides. In the past,when the sulfide level within the plant effluent begins to rise, the chlorine contact chamber was taken off line, drained, and solids accumulations removed. • Correction of the failed effluent pressure filter unit is expected to reduce these solids carryover. Additionally,the plant has initiated a scheduled cycle for checking and cleaning the chlorine contact chamber to reduce the potential for solids accumulation impacting the effluent sulfide concentration. • The NPDES Monthly Limit for sulfides reported in the DMR's is from a former permit. The limit for sulfides based on a flow of 0.5 mgd was changed in 2006 from 0.6 lbs/day to 2.9 lbs/day with a daily maximum of 5.8 lbs/day. Fecal Coliform • Until November 2008,the treatment facility employed a calcium hypochlorite tablet solution system for chlorination. A small portion of plant effluent was passed through a drum contact system containing calcium hypochlorite tablets to produce a chlorine feed solution. Upon evaluation of this system in October 2008, it was determined that the system produced an inconsistent chlorine solution concentration as the tablets dissolved. In November 2008,this system was replaced with a liquid sodium hypochlorite system that has proven more consistent in achieving the effluent fecal coliform levels. • A number of recent 2009 fecal coliform violations were experienced as a result of an operator error in labeling effluent fecal samples. This resulted in a delayed notification to the plant of a fecal coliform problem preventing the adjustment of the chlorine dosage. The operator has been reprimanded and retrained so as to prevent future lapses. Total Phenols Recoverable • The phenol permit violations are also attributed to the batch dye process discharges. The modification made within the dye process to reduce the large volume batch dye wastewater discharged to the treatment facility is expected to reduce the potential for elevated effluent phenol concentrations. • The noted permit excursions are daily maximums opposed to monthly averages. A graph reflecting the recent monthly average monitoring results for phenol is attached as Exhibit C. 2 Total Residual Chlorine(TRC) • The plant utilizes a tablet solution system to feed sodium bisulfite for dechlorination. Recent a quality control issue was experienced with the supplier of tablets. Poor tablet solubility produced an inconsistent sodium bisulfide concentration in the dechlorination feed solutions resulting TRC violations. A change in the tablet supply source for the tablets was made in October 2008 and appears to have corrected this problem. Pharr Yarns takes these foregoing violations seriously and is taking actions to address these violations. Pharr Yarns has recently increased the frequency of effluent sampling and analysis to provide a better representation of monthly average effluent quality, minimize normal analytical variations and provide an earlier indication of WWTP process problems to allow process adjustments. A preliminary evaluation of wastewater treatment operator practices and staffing is also planned for the facility. If additional information is needed or you have further questions regarding these actions, please contact me at 704-823-2397 or george.altice@pharryarns.com Si erely, eorr .(3)(rit-4A--J Altice Pharr Yarns, LLC Director of Corporate Engineering cc: NC DENR-Robert Sledge WK Dickson, Bob Forneberge 3 EXHIBIT A PHARR YARNS IWTP EFFLUENT GODS 140- —— —NPDES EFFLUENT BOOS LIMIT 113.4 LBSD 120 100 m 0 • w 60 u. LL LL 40 ��• • •� 20 J-07 J-07 A-07 S-07 0-07 N-07 D-07 J-08 F-08 M-08 A-08 M-08 J-08 J-08 A-08 S-08 0-08 N-08 D-08 MONTH t Average BOD5 MG/L- - - Series2 PHARR YARNS IWTP EFFLUENT COD 800.0 — 700.0 600.0 500 0 NPDES EFFLUENT COD LIMIT 475 LBS/D 0 U 400.0 tat u- 300.0 LL W 200.0 A • 100.0 0.0 Jun-07 Aug-07 Oct-07 Dec-07 Feb-08 Apr-08 Jun-08 Aug-08 Oct-08 Dec-08 MONTH Average COD LBS- - - 'NPDES MONTHLY AVE LIMIT 4 EXHIBIT B PHARR YARNS IWTP EFFLUENT TSS 250 200 o NPDES PERMIT LIMIT 147.7 LBS/D w m 150 Z 100 u. U. W 50 • Jun- Jul-07 Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul-08 Aug- Sep- Oct- Nov- Dec- 07 07 07 07 07 07 08 08 08 08 08 08 08 08 08 08 08 MONTH —I--PHARR YARNS EFFLUNET TSS- - - NPDES Permit Limit 5 EXHIBIT C PHARR YARNS EFFLUENT PHENOLS 3.000 I 2.500 p m 2.000 of � ZNPDES EFFLUENT PHENOL MONTHLY AVERAGE LIMIT 1.4 LBS/D i 1.500 o. I- z i to. 1.000 0.500 Jun- Jul-07 Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul-08 Aug- Sep Oct- Nov- Dec- 07 07 07 07 07 07 08 08 08 08 08 08 08 08 08 08 08 MONTH Phenol LBS/D- - -PHENOLS Mo Ave Lbs 6 0 • Jx�jE TFS elk UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1�� W REGION 4 z ATLANTA FEDERAL CENTER 9 61 FORSYTH STREET y /o +T1t PROS EGO ATLANTA, GEORGIA 30303-8960 0 APR 1 7 ZUQ9 CERTIFIED MAIL 7000 1670 0003 2687 0973 RETURN RECEIPT REQUESTED Pharr Yarns, Inc. Environmental Engineering Department c/o Mr. Jamey Davis 100 Main Street McAdenville, North Carolina 28101 Re: Notice of Violation No. 309-2009-20 NPDES Permit No. NC0004812 Pharr Yarns, Inc. WWTP Dear Mr. Davis: Pursuant to Section 309(a)(1)of the Clean Water Act("CWA"), 33 U.S.C. §1319(a)(1), the U.S. Environmental Protection Agency ("EPA") hereby notifies the Pharr Yarns, Inc. WWTP ("the Plant") that it has violated its National Pollutant Discharge Elimination System ("NPDES") Permit No. NC0004812 for the Pharr Yarns, Inc. WWTP. Specifically, the Plant has violated the NPDES Permit's effluent limitations and/or percent removal requirements for the following parameters: Biochemical Oxygen Demand, 5 Day("BOD5"), daily and/or monthly average: March and December 2007. Carbonaceous Oxygen Demand ("COD"), daily maximum and/or monthly average; December 2006; June and December 2007. Total Suspended Solids, daily maximum and/or monthly average: November 2007; April and May 2008 Total Sulfides, daily maximum and/or monthly average: September 2006. Fecal coliform, daily and/or monthly geometric mean; October, November and December 2006; August, October and December 2007; January, February,April, May, June, July and August 2008. Total Phenolics Recoverable, daily maximum and/or monthly average: May,July and August 2008. Total Residual Chlorine, daily maximum: March, April, May and September 2008. Internet Address(UAL)• http://www.epa.gov Recycled/Recyclable.Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 30%Postconsumer) EPA requests,pursuant to Section 308 of the CWA, 33 U.S.C. §1318, that the Plant provide a written explanation of the reasons for each of the aforementioned violations and • provide a summary of actions taken or planned by the Plant to correct the problems and to prevent future violations. In instances where the actions are planned, please include a schedule for completing the actions. The Plant must submit this information within thirty(30) days of receipt of this correspondence. The submittal must be addressed to: Mr. Dennis Sayre U.S. Environmental Protection Agency Clean Water Enforcement Branch 61 Forsyth Street, S.W. Atlanta, Georgia 30303-8960 The State of North Carolina is being concurrently notified of these findings. EPA is coordinating with the State to ensure that timely and appropriate enforcement action is taken and compliance with the conditions of the NPDES Permit is achieved. If these violations are not resolved in a timely or appropriate manner, EPA may take enforcement action which may include issuance of an administrative order, assessment of administrative penalties, or initiation of a civil judicial action pursuant to Section 309 of the CWA, 33 U.S.C. §1319. Also enclosed is a document entitled U.S. EPA Small Business Resources-Information Sheet which may assist you in understanding the compliance assistance resources and tools available to the facility. However, any decision to seek compliance assistance at this time does not relieve the Plant of its obligations to EPA or the State, does not create any new rights or defenses, and will not affect EPA's decision to pursue enforcement action. In addition, the Securities and Exchange Commission ("SEC")requires its registrants to periodically disclose environmental legal proceedings in statements filed with the SEC. To assist you, EPA has also enclosed a document entitled Notice of Securities and Exchange Commission Registrants'Duty to Disclose Environmental Legal Proceedings. If you have questions regarding this notice and information request, please feel free to contact Mr. Dennis Sayre at (404) 562-9756. Sincerely, ames D. Giattina Director Water Protection Division Enclosures cc: Jeff Poupart, NCDENR United States Office of Enforcement and Compliance Assurance(2201A) Art-‘,19EPA Environmental Protection EPA 300-F-07-003 October 2007 Agency Oice of Enforcement and Compliance Assurance u M INFORMATION SHEET d F ` U. S. EPA Small Business Resources If you own a small business. the United States Environmental Protection Agency (EPA) offers a variety of compliance assistance resources such as workshops, training sessions, hotlines, websites, and Guides to assist you in complying with federal and state environmental laws. These resources can help you under': _sr.d your environmental obligations, improve compliance, and find Cost- effective ways to comply through the use of pollution prevention and other innovative technologies. Compliance Assistance Centers Transportation Industry (www.assistancecenters.net) (www.transource.org) in partnership with industry,universities,and other federal and state agencies, EPA has established Compliance Tribal Governments and Indian Country Assistance Centers that provide information targeted to (www.epa.gov/tribal/compliance or 202 564 2516) industries with many small businesses. US Border Environmental Issues (www.bordercenter.org or 1-734-995-4911) Agriculture (www.epa.gov/agriculture or 1 888 663 2155) The Centers also provide State Resource Locators Automotive Recycling Industry (www.envcap.org/statetools/index.cfm)for a wide range of topics to help you find important environmental compliance (www.ecarcenter.org) information specific to your state. Automotive Service and Repair (www.ccar-greenlink.org or 1-888-GRN-LINK) EPA Websites Chemical Industry EPA has several Internet sites that provide useful compli- (www.chemalliance.org) ance assistance information and materials for small businesses. If you don't have access to the Internet at Construction Industry your business, many public libraries provide access to the (www.cicacenter.org or 1-734-995-4911) Internet at minimal or no cost. Education (www.campuserc.org) EPA's Home Page www.epa.gov Healthcare Industry (www.hercenter.org or 1-734-995-4911) Small Business Gateway www.epa.gov/smallbusiness Metal Finishing (www.nmfrc.org or 1-734-995-4911) Compliance Assistance Home Page www.epa.gov/compliance/assistance Paints and Coatings (www.paintcenter.org or 1-734-995-4911) Office of Enforcement and Compliance Assurance www.epa.gov/compliance Printed Wiring Board Manufacturing (www.pwbrc.org or 1-734-995-4911) Voluntary Partnership Programs www.epa.gov/partners Printing (www.pneac.org or 1-888-USPNEAC) Office of Enforcement and Compliance Assurance: http://www.epa.gov/compliance 4,7 Recycled/Recyclable :, Printed with Soy/Canola ink on paper that contains at least 30%post consumer fiber NOTICE OF SECURITIES AND EXCHANGE COMMISSION REGISTRANTS'DUTY To DISCLOSE ENVIRONMENTAL LEGAL PROCEEDINGS Securities and Exchange Commission regulations require companies registered with the SEC(e.g., publicly traded companies)to disclose, on at least a quarterly basis,the existence of certain • administrative or judicial proceedings taken against them arising under Federal, State or local provisions that have the primary purpose of protecting the environment.Instruction 5 to Item 103 of the SEC's Regulation S-K(17 CFR 229,.103)requires disclosure of these environmental legal proceedings. For those SEC registrants that usr the SEC's "small business issuer"reporting system,Instructions 1-4 to Item 103 of the SEC's Regulation S-B (17 CFR 228.103)requires disclosure of these environmental legal proceedings. If you are an SEC registrant,you have a duty to disclose the existence of pending or known to be contemplated environmental legal proceedings that meet any of the following criteria(17 CFR 229.103(5)(A)-(C)): A. Such proceeding is material to the business or financial condition of the registrant; B. Such proceeding involves primarily a claim for damages,or involves potential monetary sanctions,capital expenditures,deferred charges or charges to income and the amount involved,exclusive of interest and costs,exceeds 10 percent of the current assets of the registrant and its subsidiaries on a consolidated basis;or C. A governmental authority is a party to such proceeding and such proceeding involves potential monetary sanctions,unless the registrant reasonably believes that such proceeding will result in no monetary sanctions,or in monetary sanctions,exclusive of interest and costs,of less than$100,000;provided,however,that such proceedings which are similar in nature may be grouped and described generically. Specific information regarding the environmental legal proceedings that must be disclosed is set forth in Item 103 of Regulation S-K or, for registrants using the"small business issuer"reporting system, Item 103(a)-(b)of Regulation S-B. If disclosure is required, it must briefly describe the proceeding, .:luding the name of the court or agency in which the proceedings are pending, the date instituted,the principal parties thereto,a description of the factual basis alleged to underlie the proceedings and the relief sought." You have been identified as a party to an environmental legal proceeding to which the United States government is, or was,a party. If you are an SEC registrant,this environmental legal proceeding may trigger,or may already have triggered,the disclosure obligation under the SEC regulations described above. This notice is being provided to inform you of SEC registrants' duty to disclose any relevant environmental legal proceedings to the SEC. This notice does not create,modify or interpret any existing legal obligations, it is not intended to be an exhaustive description of the legally applicable requirements and it is not a substitute for regulations published in the Code of Federal Regulations. This notice has been issued to you for information purposes only. No determination of the applicability of this reporting requirement to your company has been made by any governmental entity. You should seek competent counsel in determining the applicability of these and other SEC requirements to the environmental legal proceeding at issue,as well as any other proceedings known to be contemplated by governmental authorities. If you have any questions about the SEC's environmental disclosure requirements,please contact the SEC Office of the Special Senior Counsel for Disclosure Operations at(202) 942-1888. • ot;warF R � QG Michael F.Easley,Governor Uj , William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources —i Alan W.Klimek,P.E.Director Division of Water Quality April 12,2006 Mr.Mike Church Environmental Engineer Pharr Yarns 100 Main St. McAdenville,North Carolina 28101 Subject: Permit Modification Permit NC0004812 Pharr Yarns WWTP Gaston County Dear Mr. Church: The NPDES Unit has received your permit modification request concerning the effluent limitations for sulfide,phenols and total chromium in the January 21,2005 permit. We have evaluated the information submitted and determined that limits for these parameters should be revised. Based on effluent guidelines from 40 CFR 410.70 Subpart G and a monthly average production value of 24000 lb/day(which will be used in the calculation of both daily maximum and monthly average limits),the revised limits are as follows: • Sulfide = 2.9 lbs/day (Monthly average); 5.8 lbs/day (Daily maximum) • Phenol = 1.4 lbs/day(Monthly average);2.9 lbs/day (Daily maximum) • Total Chromium = 1.4 lbs/day(Monthly average);2.9 lbs/day(Daily maximum) At this time,the Division is submitting a notice to the newspapers of general circulation in Gaston County, inviting comments from you or your representative, the public and other agencies on the draft permit. The notice should be published on or about April 12,2006. Following a 30-day comment period,we will review all pertinent comments received and take appropriate action on the permit issuance upon submission of all required data. Please provide written comments on the draft permit no later than May 19,2006. If you have any questions,please contact me at (919) 733-5083,extension 512. If you have any questions or comments concerning this draft permit, contact me at 919-733-5083 ext. 512. l34pectfully,, <C, i ) , Jacquelyn M. Now/11 NPDES Western program j Attachments cc: NPDES Files Mooresville Regional Office / Surface Water Protection Section PERCS Aquatic Toxicology Unit EPA Region IV/Marshall Hyatt DEH North Carolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwaterqualitv.ore Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—S0%Recycledll0%Post Consumer Paper • Permit NC0004812 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Pharr Yarns, Incorporated is hereby authorized to discharge wastewater from a facility located at the Pharr Yarns Wastewater Treatment Plant 147 Willow Drive McAdenville Gaston County to receiving waters designated as the South Fork Catawba River in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective . This permit and authorization to discharge shall expire at midnight on January 31, 2009. Signed this day . DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0004812 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Pharr Yarns, Inc. is hereby authorized to: 1. Continue to operate an existing 1.0 MGD wastewater treatment facility for the treatment of industrial and domestic wastewater consisting of an extended aeration basin, two clarifiers with alum and polymer addition, two return activated sludge pumps, three mixed media pressure filters, two filter pumps, an aerobic digester, sludge thickening tank, dewatering belt press, sludge storage and drying pad, tablet type chlorinator, and dual chlorine contact chamber located at Pharr Yarns Wastewater Treatment Plant, 147 Willow Drive, McAdenville in Gaston County, and 2. Discharge from said treatment works at the location specified on the attached map into the South Fork Catawba River, which is a classified WS-V waterbody in the Catawba River Basin. It is agreed that NPDES permit limits for 1-MGD will become effective upon achievement of both of the following conditions: • The monthly average effluent flow exceeds 0.5-MGD for the first time • Pharr Yarns, Inc. submits to DWQ's NPDES and Point Source Compliance and Enforcement Units a certified letter within 30 days following the first month that the average monthly effluent flow from the Pharr Yarns WWTP exceeds 0.5-MGD. + + r r � t > f. } :2.�.�i 1; 1:' _ ti J Ci.i) t I j r, /" � j / - , • K,-`ti//l\ `,. t • ` ��/��/ i ) .S d t/• r` e e.' �./"/ 1'i--rl-r'�_ r 7C?/' ( r w, .. i!✓%�• / may• •/pie,r_ 7 : i ,._-,77"--.'.7-s\-.___.,.--\ •-...,,--,\. \-., \ .-,-) \ ./ /(r .._-_---_.. -...,.....„, .- \,'„ 1: •.:>--.- . ..60;„,;•::-4../,‘„ o, «A.` i r I i Il ,' -:r _' ,/- * 3' r, r: '` / 1.•\ • '' "3'r.f 'mte�r : V\ •------/ ; r---,_..,:/,• ----1.. / ,,-- (,,,,,,•:,,;:‘,>,, j ,.//-- •:.,',,,-, s..,,• ‘., \` �atO - j) - /�h -• •\__\ i 1 / ,• `\ i ---,_,-fr.l� •r.�/L P' tc2r—We a ,�� Y. i44t .�:`"%y -!/,' '.8 1 \Y� • 't/ :, i ' 4,—,.• a.:,-,,-. --._‘:-,,,yam \'.A. �r\ M � \\ .�'' ( /. \�t I, ' �•�/ • {)fir----•- \ �•�,% P,A.e / '`\ \�, `f `• Is= .Z-rsod. t�. 1 r`�• •. .!. - ce/ l r. c J t• SS A \ --)„,k.,"/ ,- ; ___ -,: ,y.:,,,'',' 4-',;•.:..1\"..B._,-' 27 Z_,,,-;'„, .--.:P. . 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" •1 i' '�,;.. • ; Q�/ a + „ \2 it .-+,.•a i / 1 f //, . 44 e1 l)iYn ' • • .. / • • f ✓ •f ,.' , `; 1 `. �.r ,• ( t 1.4 }e`t rid-� • _)' j NC0004812- Pharr Yarns, Inc. Facility X Latitude: 35°15'39" Sub-Basin: 03-08-36 Location Longitude: 81°04'38" Ouad#: F14SE/Mount Holly,NC i!)- Stream Class: WS-V Ph arr Stream: South Fork Catawba River North Yarns,Inc. Gaston County NC0004812 Permitted Flow: 1.0 MGD Permit NC00048 12 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until the first time the monthly average flow exceeds 0.5-MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Average Daily Maximum Measurement Sample Sample Locations Frequency Type Flow 0.5 MGD Continuous Recording Influent or Effluent BOD5,20°C 113.4 lbs/day 181.0 lbs/day Weekly Composite Effluent Total Suspended Solids 147.7 lbs/day 249.7 lbs/day Weekly Composite Effluent COD 475.0 lbs/day 849.6 lbs/day Weekly Composite Effluent Sulfide 2.9 lbs/day 5.8 lbs/day Weekly Composite Effluent Phenols 1.4 lbs/day 2.9 lbs/day Weekly Grab Effluent Total Chromium 1.4 lbs/day 2.9 lbs/day Weekly Composite Effluent Fecal Coliform(geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent,Upstream, Downstream) NH3-N Weekly Composite Effluent Dissolved Oxygen Weekly Grab Effluent,Upstream, Downstream) pH2 Weekly Grab Effluent Temperature Daily Grab Effluent Temperature Weekly Grab Upstream, Downstream Conductivity Weekly Grab Effluent,Upstream, Downstream) No Effluent Limitation (mg/L) Weekly Composite Effluent Total Nitrogen No Effluent Limitation (lb/month)(3) Monthly (Calculated) Effluent (NO2+NO3+TKN)3 13,698 lb/year (annual mass loading)(3) Annually (Calculated) Effluent Total Phosphorus3 No Effluent Limitation (mg/L) Weekly Composite Effluent No Effluent Limitation (lb/month)(3) Monthly (Calculated) Effluent 1522 lb/year (annual mass loading)(3) Annually (Calculated) Effluent Color, Monthly Composite Effluent Color, Monthly Grab Upstream, Downstream) Chronic Toxicity5 Quarterly Composite Effluent Total Residual Chlorines 28 pg/L Weekly Grab Effluent Notes: 1 Sample locations: Upstream-upstream 50 feet or more above the discharge point: Downstream-downstream at Highway 7 bridge. Instream monitoring shall be conducted 3/week from June through September and once per week the remainder of the year. 2 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units 3 The annual mass loading for total nitrogen and total phosphorus for Outfall 001 shall be monitored and calculated as prescribed in Part A.(5.). 4 See Special Condition A.(6.)for more information on the permit requirements associated with color. Effluent color samples shall be taken year round on a monthly basis. Instream sampling shall be performed on a monthly basis from April through October. 5 Chronic toxicity(Ceriodaphnia. P/F test at 0.62%)shall be performed in January.April.July and October. See Part A.(3.) 6 The TRC limit takes effect September 1, 2006. There shall be no discharge of floating solids or visible foam in other than trace amounts. • Permit NC0004812 A.(2.) EFFLUENT LINIITATIONS AND MONITORING REQUIREMENTS During the period beginning on the month following the first time the monthly average flow exceeds 0.5- MGD and lasting until permit expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Average Daily Maximum Measurement Sample Sample Location' Frequency Type Flow 1.0 MGD Continuous Recording Influent or Effluent BOD5,20°C 204.7 lbs/day 318.0 lbs/day 3/Week Grab Effluent Total Suspended Solids 239.0 lbs/day 386.7 lbs/day 3/Week Grab Effluent COD 675.9 lbs/day 1150.9 lbs/day 3/Week Grab Effluent Sulfide 2.9 lbs/day 5.8 lbs/day Weekly . Grab Effluent Phenols 1.4 lbs/day 2.9 lbs/day Weekly Grab Effluent Total Chromium 1.4 lbs/day 2.9 lbs/day Weekly Grab Effluent Fecal Coliform(geometric mean) 200/100 mL 400/100 mL 3/Week Grab Effluent,Upstream, Downstream' NH3-N 3/Week Composite Effluent Dissolved Oxygen 3/Week Grab Effluent,Upstream, Downstream' pH2 3/Week Grab Effluent Temperature Daily Grab Effluent Temperature 3/Week Grab Upstream, Downstream Conductivity 3/Week Grab Effluent,Upstream, Downstream' No Effluent Limitation (mg/L) Weekly Composite Effluent Total Nitrogen No Effluent Limitation (lb/month)(3) Monthly (Calculated) Effluent (NO2+NO3+TKN)3 27397 lb/year (annual mass loading)(3) Annually (Calculated) Effluent No Effluent Limitation (mg/L) Weekly Composite Effluent Total Phosphorus3 No Effluent Limitation (lb/month)(3) Monthly (Calculated) Effluent 3044 lb/year (annual mass loading)(3) Annually (Calculated) Effluent Color4 Monthly Composite Effluents Color4 Monthly Grab Upstream, Downstream6 Chronic Toxicitys Quarterly Composite Effluent Total Residual Chlorine6 28 pg/L 3/Week Grab Effluent Notes: 1 Sample locations: Upstream-upstream 50 feet or more above the discharge point;Downstream-downstream at Highway 7 bridge. Instream monitoring shall be conducted 3/week from June through September and once per week the remainder of the year. 2 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units 3 The annual mass loading for total nitrogen and total phosphorus for Outfall 001 shall be monitored and calculated as prescribed in Part A. (5.). 4 See Special Condition A. (6.) for more information on the permit requirements associated with color. Effluent color samples shall be taken year round on a monthly basis. Instream sampling shall be performed on a monthly basis from April through October. 5 Chronic toxicity(Ceriodaphnia. P/F test at 1.2%) shall be performed in January.April,July and October. See Part A.(4.) 6 The TRC limit takes effect September 1,2006. There shall be no discharge of floating solids or visible foam in other than trace amounts. • Permit NC0004812 A. (3.) CHRONIC TOXICITY MONITORING/LIMIT — O.5-MGD The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 0.62%. The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1 62 1 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. • Permit NC0004812 A.(4.) CHRONIC TOXICITY MONITORING/LIMIT — 1.O-MGD The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.2%. The permit holder shall perform at a minimum, quarterlt monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during the months of January,April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1 62 1 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. f Phan Yarns WWTP NPDES No.NC00048 12 Operates 1.0 Million WWTP • 1.0 million gallon aeration basin • 2 clarifiers • chemical addition • 1.0 million gallon aerobic digester • effluent flow equalization • 3 tertiary filters • effluent disinfection • effluent de-chlorination • flow measuring device • sludge dewatering equipment Aiir, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2009 W H COZART r ri ir VICE PRESIDENT OF CORPORATE ENGINEERING R D PHARR YARNS INC PO BOX 1939 MC ADENVILLE,NC 28101-1939 MAY 2009 SUBJECT: Payment Acknowledgment Civil Penalty Assessment - Pharr Yarns Industrial WWTP l _� c; ;j ` P't ; on Permit Number: NC0004812 Case Number: LM-2009-0015 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 227678 in the amount of$1,783.64 received from you dated May 1, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, Jovonah Weeden cc: Central Files DWQ INUMMINMINIEW Office Supervisor 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919.807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 North Carolina Internet www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer ;Vatllrirll' rn NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 8, 2009 CERTIFIED MAIL 7007 1490 0004 4509 9070 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville, North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LM-2009-0015 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,783.64 ($1,700.00 civil penalty+ $83.64 enforcement costs) against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for December 2008. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699 Fax:(704)663-60401 Customer Service:1-877.623-6748 NorthCarolina • Internet:www.ncwaterquality.org Naturally An Equal Opportunity`,Affirmative Action Employer—50%Recycled/10%Post Consumer paper at"""""""j/ $ 200.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 400.00 For 2 of the two (2)violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids. $ 1,000.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. $ 50.00 For 1 of the one(1) failure to monitor for COD in violation of the terms of NPDES Permit No. NC04812. $ 25.00 For 1 of the one (1) failure to monitor for total nitrogen in violation of the terms of NPDES Permit No. NC0004812. $ 25.00 For 1 of the one (1) failure to monitor for total phosphorus in violation of the terms of NPDES Permit No. NC0004812. $ 1,700.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 1,783.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; r . (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were 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 days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- • 282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center • Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. (490 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LM-2009-0015 Outfall Date Parameter Reported Value Permit Limit 001 12/17/08 Fecal coliform 1,737/100 mL* 400 CFU/100 mL (Daily maximum) 001 12/10/08 Total suspended solids 475 lbs.* 249.7 lbs./day (Daily maximum) 001 12/17/08 Total suspended solids 389 lbs.* 249.7 lbs./day(Daily maximum) 001 12/31/08 Total suspended solids 211 lbs.* 147.7 lbs./day (Monthly average) 001 Week of COD None* Monitor lx/week 12/13/08 001 Week of Total nitrogen None* Monitor lx/week 12/13/08 001 Week of Total phosphorus None* Monitor lx/week 12/13/08 * Denotes civil penalty assessment r • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARRYARNS, INC. ) STIPULATION OF FACTS ) ) PERMIT NO. NC0004812 ) FILE NO. LM-2009-0015 Having been assessed civil penalties totaling$1,783.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 8,2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2009-0015 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,783.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) F . NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LM-2009-0015 Permit Number: NC00048 12 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; The total suspended solids (TSS) concentration of 475 lbs. on December 10, 2008, and 389 lbs. on December 17, 2008, exceeded the daily maximum permit limit of 249.7 lbs. The monthly average total suspended solids concentration of 211.0 lbs/day exceeded the permit limit of 147.7 lbs. The fecal coliform concentration of 1,737 CFU/100 mL on December 17, 2008, exceeded the daily maximum permit limit of 400 CFU/100 mL. The NC0004812 permit requires that COD, total nitrogen, and total phosphorus be monitored once per week and they were not monitored during the week of December 7th through the 13th. 2) The duration and gravity of the violation; The TSS concentration on December 10, 2008, and December 17, 2008, exceeded the daily maximum permit limit by 90.2% and 55.8% and the monthly average permit limit was exceeded by 42.7%. The fecal coliform concentration on December 17, 2008, exceeded the daily maximum permit limit by 334.3%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as TSS and fecal coliform concentrations were not determined in-stream. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown F . 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally as the permittee did not note the cause of the exceedances on the December 2008 DMR. The permittee did change from solid chlorination/dechlorination to liquid chlorination/dechlorination which was noted would hopefully prevent future exceedances of the fecal coliform permit limit. 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 There have been 23 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with nine CPAs issued in the past twelve months as detailed below. Case Number Description LV-2009-0041 $1,083.64 LV for fecal coliform and total suspended solids. Penalty was paid in full. LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LR-2008-0013 $600 LR for the June 2008 DMR. Penalty was paid in full. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $83.64. / Sj� 1 Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 04/07/09 Page: 1 of 2 Permit: NC0004812 MRs Between: 12-2008 and 12-2008 Region:% Violation Category:% ., Program Category:% Facility Name: % Param Name:% County:% Subbasin:% Violation Action: % Major Minor: PERMIT:NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville Limit Violation k.' V k- �� ^ CGC- I'S MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED G`J REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 12-2008 001 Effluent Coliform,Fecal MF,M-FC 12/17/08 Weekly #/100m1 400 1,737 yl? '• Daily Maximum Exceeded None ') G��; C- Broth,44.5C 12-2008 001 Efluent Solids,Total Suspended 12/10/08 Weekly lbs/day 249.7 475 CO'l- Daily Maximum Exceeded None '2 C.-',C.,• C.< ✓j am:: C,<_; 12-2008 001 Efluent Solids,Total Suspended 12/17/08 Weekly lbs/day 249.7 389 G,�2• Daily Maximum Exceeded None 12-2008 001 Effluent Solids,Total Suspended 12/31/08 Weekly lbs/day 147.7 210.8 Monthly Average Exceeded None fb 1 i G--' '' `'- Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 12-2008 001 Efluent COD,Oxygen Demand, 12/13/08 Weekly Ibs/day `1/ �- Frequency Violation None 4 f��? c' Chem.(High Level) L 12-2008 001 Efluent Nitrogen,Total(as N) . 12/13/08 Weekly mg/I taj1.-1 1 'l('n� Frequency cY Violation None ` r 12-2008 001 Efluent Phosphorus,Total(as P) 12/13/08 Weekly mg/I I`-'D 1,,.,�\/'flti�' Frequency Violation None 12-2008 001 Efluent Temperature,Water Deg. 12/27/08 5 X week deg c Frequency Violation None — F7-T ‘.1,to i Centigrade Reporting Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI N PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 12-2008 001 Efluent Nitrogen,Total(as N) 12/31/08 A /yr Para errepvrtedyvith invalid None /Unit of Measu 12 008 001 Effluent Ni ogen,Total(as N) /31/08 Monthly b/m Parameter reported with invali Unit of Measure 12-2008 001 Effluent Phosphorus,Total(as P) 12/31/08 Annually lbs/yr Parameter reported with invalid None Unit of Measure _ ,J' .Cam:1'1.- 4, i 1 ea ci.:4- �IIi11� � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 W H COZART � 6 P VICE PRESIDENT OF CORPORATE ENGINEERING PHARR YARNS INC PO BOX 1939 MC ADENVILLE NC 281011939 SUBJECT: Payment Acknowledgment y kAeesion Civil Penalty Assessment(s) Pharr Yarns Industrial WWTP Permit Number: NC0004812 Case Number(s): LR-2008-0013 and LV-2009-0041 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of payment in the amount of$1683.64 received from you dated March 13, 2009. This payment satisfies in full the above civil assessment(s) levied against the subject facility, and these cases have been closed. Payment of these penalties in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-807-6398. Sincerely, 41/24.4q-Atz. Dina Sprinkle cc: Central Files DWAINIMMOIMMtal Office Supervisor 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-6492\Customer Service:1-877-623-6748 North Carolina Internet www.ncwaterquality.org Naturally Equal Opportunity\Affirmative Action Employer . A NCDENR • North Carolina Department of Environment and Natural Resources. Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director S guirstir March 5, 2009 CERTIFIED MAIL 7003 0500 0002 6819 3897 MAR 9 2009 RETURN RECEIPT REQUESTED Mr. W. H. Cozart Pharr Yarns, LLC DM-SurfaceWei' Fiv e►.'3l P. O. Box 1939 McAdenville, NC 28101 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0004812 Pharr Yarns, LLC Gaston County Case Number LR-2008-0013 Dear Mr. Cozart: I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of$600.00. If you choose to pay the modified penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NorthCarolina Phone:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 n// Internet:www.ncwaterquality.org �at/Ira/ J/ An Equal Opportunity\Affirmative Action Employer L/ Pharr Yarns, LLC LR-2008-0013 Remission Result p. 2 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Sledge at (919) 807-6398. Sincerely, CM/64J oleen H. Sullins attachment V cc: gional Office Enforcement file Central Files V_0-5° W A TFj4Q Michael F.Easley,Governor William G.Ross Jr.,Secretary 1�- North Carolina Department of Environment and Natural Resources --1 Y Coleen H.Sullins,Director Division of Water Quality October 3, 2008 Mr. James L. Davis Pharr Yarns, LLC P. O. Box 1939 OCT - ° �2 McAdenville, NC 28101 N; Q Subject: Remission Request of Civil Penalty Assessment Pharr Yarns, LLC WWTP DWQ-Surface Water Protection NPDES Permit NC0004812 Case Number LR-2008-0013 Gaston County • Dear Mr. Davis: This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 807-6398. Sincerely, 1Z_/- ‘‘e/r Boh Sledge,Environmental Specialist Point Source Branch cc: Enforcement File w/originals Central Files w/attachments NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)807-6300 Customer Service Internet: www.ncwatcrqualitv.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycledll0%Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS NPDES PERMIT NC0004812 FILE NO. LR-2008-0013 Having been assessed civil penalties totaling$600.00 for violation(s) as set forth in the assessment document of tl?e Division of Water Quality dated September 3, 2008,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the c 7 1h day of 4-fd n �O,e�� , 200 Fi A di(Y\.Q$ L t-5 BY ADDRESS 1�- harr Y,9 m$, Z r.c �Q3Q I3 e4de, /( NC 7,1/ef (04 F,9 3-c231/ Telephone `a'Tme-s, CYr4W t' (2 m!nd cfrj J?Q . CO11A. e`r%ail JUSTIFICATION FOR REMISSION REQUEST OCT 9 DWQ Case Number: LR-2008-0013 County: Gaston Assessed Party: Pharr Yarns,Inc. Permit Number: NC0004812 Amount Assessed:$600.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the-steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: ✓'L � 14 c/% eci Z'e/leT rill pERRKTRADITION OF INNOVATI September 26, 2008 I111111111 T 2 Point Source Branch - Division of Water Quality 1617 Mail Service Center Raleigh,N.C.27699-1617 Re: Request for remission of civil penalty Case Number LR-2008-0013 To Whom It May Concern: Pharr Yarns, LLC would like to request a remission of the civil penalty of$600.00 assessed in a letter dated September 3,2008,Case No. LR-2008-0013. The Company's ORC of the treatment plant mailed said DMRs on or about July 31, 2008, copy of DMR is enclosed. The ORC was then later contacted by the Mooresville regional office looking for the June DMRs, copies were immediately resent to Central Files. We will submit DMRs in the future by certified mail only. A signed Waiver of Right to Administrative Hearing and Stipulation of Facts plus one copy is also enclosed with this letter. If any more information is needed please feel free to call me @ 704-823-2310, or email james.davis a mindspring.com. Since ely, ar;-)/u-1 /ea ames L. Davis Environmental Manager/ORC Pharr Yarns, LLC Pharr Yarns,LLC • 100 Main Street • PO Box 1939 • McAdenville North Carolina 28101-1939 • Phone 704.824.3551 EFFLUENT NPDES PERMIT NO. NC0004812 DISCHARGE NO. 001 MONTH JUNE YEAR 2008 FACILITY NAME PHARR YARNS, INC.WWTP CLASS III COUNTY GASTON OPERATOR IN RESPONSIBLE CHARGE(ORC) JAMES DAVIS GRADE IV PHONE (704)824-3551 CERTIFIED LABORATORIES(1) PHARR YARNS(4)SHEALY ENV. (2) PAR LABS(3)ETT ENVIRONMENTAL CHECK BOX IF ORC HAS CHANGED n PE':ON(S) OLLECT AMPL.ES DONALD JOLLEY Mail ORIGINAL and ONE COPY to: ATTN:CENTRAL FILES w y 02/YJ6 OP�I/ 7 / DIV.OF WATER QUALITY r IGN r ERA R,SPO." BLE CHARGE DA /1617 MAIL SERVICE CENTER V TH1'SIGNATURE,I CERTIFY THAT THIS REPORT IS )RALEIGH,NC 27699-1617 A U+ TE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00340 00095 32730 01034 '' g d FLOW Enter Parameter Code UE u Above Name and Units to 1.w a8 F`o a EFF l] Below <W wQ ce< mZ W a I.4 -1 C d a"° `p° O INF ❑ m Go 68 FQ„1?p <2v -,c, 1--C I- OO O Z 2 A ` °' N. ,( w AN P. Ea On ut w; O� Oa O° Q Z w 0 OA 0 0 .4 0, a mG� .1 Zr- F•cnm t+-p� coO t-F- F.O 0 oC gg , M./ C u <z y0.' Qt., G z a Q U HRS HRS Y/N MGD 'C UNITS Ug/L LBS. MG/L LBS. 0/100ML MG/L MG/L MG/L - LBS. UMHO LBS. LBS. 1 0700 1 Y .021 2 0500 12 Y .106 26 _ 3 0500 12 - Y .189 26 10 4 0500 12' Y .195 26 7.37 <50 13 0.59 98 238 5.2 18.17 0.83 228 1280 0.36 .067 5 0500 12 Y .207 26 - 310 6 0500 12 Y .102 27 <2 7 0700 1 Y .071 _ 8 0700 1 Y .043 - 9 0500 12 . Y .160 28 • " • 10 0500 12 Y .143 28 _ 14 11 0500 12 Y .169 28 L.E. L.E. r 3.9 17 183 <2 6.4 47.14 1.8 310 1350 0.23 .138 12 0500 12 Y .158 28 <2 13 0500 12 Y .126 28 14 0700 1 Y .071 15 0700 1 Y .034 16 0500 12 ' Y .083 28 17 0500 12 Y .199 28 14 18 0500 12 Y .135 23 19 0500 12 Y .150 24 7.39 540 3.0 0.62 38 63 7.5 8.00 0.90 138 1260 0.029 .064 20 0500 12 Y .056 26 12 2I 0700 1 Y .066 22 0700 1 Y ' .040 23 0500 12 Y .096 23 24 0500 12 Y .134 24 40 25 0500 12 Y .176 24 7.26 <50 18 0.59 26 154 7.5 26.00 0.45 147 1140 -0.041 .047 26 0500 12 Y .159 24 >120 27 0500 12 Y .100 24 28 0700 1 Y .029 29 0700 1 Y .026 30 0500 12 ' Y .019 24 31 AVERAGE .109 26 _ 180 9.5 18.8 86 20 . 6.7 24.83 1.00 206 1258 0.165 0.079 MAXIMUM .207 28 7.39 540 18 17.0 183 310 7.5 47.14 1.80 310 1350 0.360 0.138 MINIMUM .019 23 7.26 <50 3.0 0.59 26 <2 5.2 8.00 0.45 138 1140 0.029 0.047 Comp.©/Grab(G) CONT. GGGCCCGGCCCGGC Monthly Limit 1.0 MGD NIA 6T09 NIA 109.2 N/A 137.1 200 N/A NIA NIA 423.6 NIA 1.4 1.4 ' • DEM Form MR-1.1 (Revised 12/94) - 4 Facility Status:(Please check one of the following) All monitoring data and sampling frequencies meet permit requirements XX Compliant All monitoring data and sampling frequencies do NOT meet permit requirements I I Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc., and a time table for improvements to be made. pH was not run by the contract lab or there is no evidence it was run week of 6/11/08 "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." W.H.COZART littee(Pleas ' tor type) , .,.kj._/, gnature of Permittee" Dat P.O. BOX 1939 McADENVILLE NC 1939 (704)823-2310 5/31/10 Permittee Address Phone Number Permit Exp.Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00087 Union(APMI) 00635 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01 147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BODS 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 531 or 534. Use only units designated in the reporting facility's permit for reporting data. • ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. • ** If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b)(2)(D). EFFLUENT NPDES PERMIT NO. NC0004812 DISCHARGE NO. 001 MONTH JUNE YEAR 2008 FACILITY NAME PHARR YARNS,INC.WWTP CLASS III COUNTY GASTON OPERATOR IN RESPONSIBLE CHARGE(ORC) MIKE CHURCH GRADE IV PHONE (704)824-3551 CERTIFIED LABORATORIES(1) PHARR YARNS(4)SHEALY ENV. (2) PAR LABS(3)ETT ENVIRONMENTAL CHECK BOX IF ORC HAS CHANGED n PERSON(S)COLLECTING SAMPLES DONALD JOLLEY Mail ORIGINAL and ONE COPY to: ATTN:CENTRAL FILES X DIV.OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER RALEIGH,NC 27699-1617 BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOW LEDGE. 50050 00745 TGB3P 00080 00600 00600 00665 00665 > e e �. FLOW Enter Parameter Code •`.9 .. a+ - Above Name and Units 7 =y F F p Cl) a EFF 0 Below < t-w e w�S <o 4; 4 w d m~ C O INF CI m t-8m Or [-am r-ii a 8 °O > c,7 O C �Cz ��0"1 �Qz oo< tta�a OF O 0 OFy m� C z7 z, Ex 0.> A og V V HRS HAS YIN MGD LBS. P/F ADMI LBS. LBS. LBS. LBS. Y/N 2 3 <1.62 124.5 N 4 _ 5 6 7 • 9 _ 10 _ 11 <1.41 a 12 13 14 15 16 17 18 19 <1.26 20 21 22 23 24 25 <1.47 26 27 28 29 30 31 AVERAGE 0 - 124.5 TOTAL TOTAL TOTAL TOTAL MAXIMUM <1.62 124.5 675 3681 27.21 321.32 N MINIMUM <1.41 124.5 Comp.(C)/Grab(G) GC C C C C C SITE Monthly Limit 0.6 PIF NIA 1911961YR tsvmL NIA DEM Form MR-I.I (Revised 12/94) NPDES NO. NC0004812 DISCHARGE NO. 001 MONTH JUNE YEAR 2008 FACILITY NAME PHARR YARNS, INC. WWTP COUNTY GASTON STREAM SOUTH FORK, CATAWBA RIVER STREAM SOUTH FORK,CATAWBA RIVER LOCATION 50 FT. UPSTREAM OF DISCHARGE LOCATION HWY. 7 BRIDGE Upstream Downstream 00010 00400 00310 00300 31616 00095 00080I I 00010 00400 00310 00300 31616 . 00095 00080 1_ Enter Parameter Code Enter Parameter Code 4, Above Name and w Above Name and c = 7 Units Below c § Units Below g y A o c a°'°°, V O� c 9 a o 4. y A o c V E 9 u E u o0N ' O ��j g O N as is � N k 'Ad Y g O E A O ° v "4F HU AO rz o � v 1-3 0 umhos/ Umhos/ HRS °C Units mg/1 mg/I tin 00mi cm ADMI HRS °C Units mg/I mg/I #/100m1 Cm ADMI 1 2 3 1125 51 50.8 1115 38 50.4 4 1115 <2 1290 1100 <2 1290 s 1105 310 1115 46 6 7 8 9 10 1100 28 1115 15 11 1115 37 179 1100 25 180 12 1110 33 1110 33 13 14 15 16 17 43 30 18 19 1115 48 201 1100 45 217 20 1140 28 1155 23 21 22 23 24 340 390 25 1115 69 241 1101 54 224 26 1115 68 1100 81 27 28 29 30 31 Average 44 478 50.8 32 478 50.4 Maximum 340 1290 50.8 390 1290 50.4 Minimum <2 179 50.8 <2 180 50.4 DEM Form MR-3(12/93) p�pF WA TF90 G GMichael F.Easley,Governor William G.Ross Jr.,Secretary cO North Carolina Department of Environment and Natural Resources Q . Coleen H.Sullins,Director Division of Water Quality September 3, 2008 • CERTIFIED MAIL 7003 0500 0002 6819 2968 RETURN RECEIPT REQUESTED S E F -- Mr. W. H. Cozart �� DENR �RD Pharr Yams, Inc. P. O. Box 1939 DWQ-Surface Water Protection McAdenville,NC 28101 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements Pharr Yarns, Inc. —Pharr Yarns Industrial WWTP NPDES Permit Number NC0004812 Case Number LR-2008-0013 Gaston County Dear Mr. Cozart: This letter transmits notice of a civil penalty assessed against Pharr Yarns, Inc. in the amount of$600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: the June 2008 discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV) was sent to you dated June 24, 2008 (received by you on June 25, 2008), for failure to submit the April 2008 discharge monitoring report in a timely manner. Within said NOV, you were informed that future reports not received within the required timeframe would result in a recommendation for assessment of civil penalties. Based upon the above facts, I conclude as a matter of law that Pharr Yams, Inc. violated or failed to act in accordance with the requirements of NPDES Permit NC0004812 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. 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). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil penalty assessment against Pharr Yarns, Inc.: NorthCarolina ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)807-6300 Customer Service Internet: www.ncwatcrquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Pharr Yarns, Inc. LR-2008-0013 p. 2 $ cvn' o for failing to submit the June 2008 Discharge Monitoring Report as required by NPDES Permit NC0004812 and G.S. 143-215.65. p0 . 00 $ ' Investigation Costs $ ( O 0 • 0° 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 Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 143B-282.1(b),which are (1) The degree and extent of harm to the natural resources of the State,to public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on the 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: • Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR Varns , Inc. 8-0013 p. 3 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information submitted in support of your request for remission and inform you of his decision in the matter. Depending on the outcome of his review, his response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR Pharr Yarns, Inc. LR-2008-0013 p. 4 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Ms. Mary Penny Thompson,General Counsel Department of Environment and Natural Resources 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,days as evidenced by a date stamp(not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions concerning this matter, please contact me at(919) 807-6398. Sincerely, „e. Robert L. Sledge Attachments cc: Enforcement File w/attachments Central Files w/attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS NPDES PERMIT NC0004812 FILE NO. LR-2008-0013 Having been assessed civil penalties totaling$600.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 3, 2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 200_. BY ADDRESS Telephone e-mail JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2008-0013 County: Gaston Assessed Party: Pharr Yarns,Inc. Permit Number: NC0004812 Amount Assessed: $600.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: AAITTA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 • ic W H COZART VICE PRESIDENT OF CORPORATE ENGINEERING PHARR YARNS INC PO BOX 1939 MC ADENVILLE NC 281011939 • SUBJECT: Payment Acknowledgment � - �3 i ; hjectIon Civil Penalty Assessment(s) Pharr Yarns Industrial WWTP • Permit Number: NC0004812 Case Number(s): LR-2008-0013 and LV-2009-0041 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of payment in the amount of$1683.64 received from you dated March 13, 2009. This payment satisfies in full the above civil assessment(s) levied against the subject facility, and these cases have been closed. Payment of these penalties in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-807-6398. Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 North Carolina Internet www.ncwaterquality.org Naturally J������y��/J„ An Equal Opportunity\Affirmative Action Employer (/y L £ rttl NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 18, 2009 CERTIFIED MAIL 7007 1490 0004 4510 1759 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yams, Inc. 100 Main Street McAdenville, North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yams Industrial WWTP Gaston County Case No. LV-2009-0041 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,083.64 ($1,000.00 civil penalty+ $83.64 enforcement costs) against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for October 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yams, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org An Equal Opportunity':.Affirmative Action Employer—50%Recycled Natural!!! /l0%Post Consumer paper $ 1,000.00 For 2 of the two (2) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 0.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. $ 1,000.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 1,083.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems. and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. /2-(x)1 - - — (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2009-0041 Outfall Date Parameter Reported Value Permit Limit 001 10/1/08 Fecal coliform 900 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 10/16/08 Fecal coliform 1,537 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 10/31/08 Total suspended 155.0 lbs 147.7 lb/day(Monthly average) solids * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2009-0041 Having been assessed civil penalties totaling $1,083.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 18,2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0041 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,083.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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.l(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2009-0041 Permit Number: NC00048 12 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; The effluent daily maximum fecal coliform concentration was 900 CFU/100 mL on October 1, 2008, and 1,537 CFU/100mL on October 16, 2008, which exceeded the permit limit of 400/100 mL. In addition, the effluent monthly average total suspended solids concentration was 155.0 lbs/day, which exceeded the permit limit of 147.7 lbs/day. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 125.0% and 284.3% during October 2008, whereas, the total suspended solids monthly average permit limit was exceeded by 4.9%. 3) The effect on ground or surface water quantity or quality or on air quality; Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee switched to liquid chlorine disinfection and dechlorination in October 2008 and noted improved disinfection. A review of the secondary filtration systems discovered that one filter was failing and the permittee is exploring corrective actions. 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 There have been 22 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with nine CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0453 $1,208.64 LV for fecal coliform. Penalty was paid in full. LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LR-2008-0013 $600 LR for the June 2008 DMR. Penalty is unpaid due to remission request. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date. 02/09/09 Page: 6 of 18 Permit: % MRs Between: 10-2008 and 10-2008 Region:Mooresville Violation Category:Limit Violation Program Category:% Facility Name: % Param Name:% County:% Subbasin:% Violation Action:% Major Minor: PERMIT:NC0004685 FACILITY: PPG Industries Fiber Glass Products Inc-PPG-Shelby COUNTY:Cleveland REGION: Mooresville facility Limit Violation \ ^V—„ �. 1 )_`\r_ Cc 1 MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED 2;/f REPORT PPI LOCATION PARAMETER DATE F• QUENCY MEASURE LIMIT VALUE •LATION TYPE VIOLATION ACTION 10-2008 001 Effluent Oil&Gr-. e 10/22/08 eekly mg/I 15 17.1 t ' Daily Maximum Exceeded None PERMIT:NC0020737 F.CILITY: City of Kings Mountain-Pi •t Creek WWTP COUN :Cleveland REGION: Mooresville Limit Violation F--V—3CY- — Q / , MONITORING OUTFA / VIOLATI a UNIT OF CALCULATEDVIOLATION TYPE VIOLATION ACTION`� REPORT P• LOCATION PARAMETER DAT: FREQUENCY MEASU- LIMITVALUE,/ 10-2008 001 Effluent Cadmium,Total(as Cd) 10/11/ 8 Weekly ug/I 6.1 7.5 ,A.'1'(Neekly Average Exceede. None tef--)S- L PERMIT:NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns • . rial WWTP COUNTY:Gaston REGION: Moo -ville Limit Violation . )---\T t)C-)6` Q \ MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED !O REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT / VALUE . VIOLATION TYPE VIOLATION ACTION 10-2008 001 Effluent Coliform,Fecal MF,M-FC 10/01/08 Weekly #/100m1 400 v 900 \P Daily Maximum Exceeded None IV YS- CIO Broth,44.5C 10-2008 001 Effluent Coliform,Fecal MF,M-FC 10/16/08 Weekly #/100m1 400 I 1,537' Daily Maximum Exceeded None '� Broth,44.5C / 10-2008 001 Effluent Solids,Total Suspended 10/31/08 Weekly lbs/day 147.7 155 V �.• Monthly Average Exceeded None # C) F t. O. (it-1 1%-t(fD . t t d.ff---) v N k*a 1 ) � ,1� pF W A TFq Beverly Eaves Perdue,Governor p� QG State of North Carolina Dee Freeman,Secretary > _ North Carolina Department of Environment and Natural Resources -c Coleen H.Sullins,Director Division of Water Quality January 26, 2009 W H COZART VICE PRESIDENT OF CORPORATE ENGINEERING PHARR YARNS INC '* PO BOX 1939 MC ADENVILLE NC 28101 JAN 2 7 2009 SUBJECT: Payment Acknowledgment r. , • - Civil Penalty Assessment It.... 1J�CiV ` '` `" Pharr Yarns Industrial WWTP DWQ-Surface Water P'rolecjton Permit Number:NC0004812 Case Number: LV-2008-0453 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 224402 in the amount of$1,208.64 received from you dated January 14, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations,or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, A60-4:11ZU 4y2Ltitee, Dina Sprinkle cc: Central Files emiameimatamoupsw Office Supervisor Mailing Address Phone(919)807-6300 Location No e hCarolina 1617 Mail Service Center Fax (919)807-6492 512 N.Salisbury St. atura!!y Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.ncwaterqualitv.org Customer Service 1-877.623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper 3/4-1 l 9 �OF W ATF4 Michael F.Easley,Governor 0 t'i William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources O Coleen H.Sullins,Director Division of Water Quality December 22, 2008 CERTIFIED MAIL 7007 1490 0004 4510 1575 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yams, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yams Industrial WWTP Gaston County Case No. LV-2008-0453 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,208.64 ($1,125.00 civil penalty+ $83.64 enforcement costs)against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for August 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No.NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, John Lesley,Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: ®, No Carolina NCDENRtura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 1,125.00 For 3 of the three (3)violations of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0004812,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 1,125.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 1,208.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b).were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition maybe faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. -2S- c��' (Z--4 IS D (Date) J hn Lesley cting Regional Supervis Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments jl/ma ATTACHMENT A CASE NO. LV-2008-0453 Outfall Date Parameter Reported Value Permit Limit 001 8/5/08 Fecal coliform >6,000 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 8/6/08 Fecal coliform >6,000 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 8/7/08 Fecal coliform 1,900 CFU/100 mL* 400 CFU/100 mL (Daily maximum) * Denotes civil penalty assessment Pr7 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO.NC0004812 ) FILE NO. LV-2008-0453 Having been assessed civil penalties totaling $1,208.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 22,2008,the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0453 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,208.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2008-0453 Permit Number: NC0004812 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; The effluent daily maximum fecal coliform concentration was >6,000 CFU/100 mL, >6,000 CFU/100mL, and 1,900 CFU/100 mL on August 5th, 6th, and 7th respectively, which exceeded the permit limit of 400/100 mL. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 375% to 1,400% during August 2008. 3) The effect on ground or surface water quantity or quality or on air quality; Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. The fecal coliform concentration at the downstream monitoring site did appear to be negatively impacted by the elevated fecal coliform discharges except for the monitoring completed on August 5, 2008. The upstream fecal coliform concentration was 25 CFU/100 mL whereas the downstream fecal coliform concentration was 1,000 CFU/100 mL. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee notes they have increased sampling to discover the problem areas in the treatment system in an effort to regain compliance. In addition, the permittee is switching to liquid chlorination and dechlorination as of early October 2008. 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 There have been 20 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with eight CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0426 $1,708.64 LV for fecal coliform and phenol. Penalty was paid in full. LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LR-2008-0013 $600 LR for the June 2008 DMR. Penalty is unpaid due to remission request. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. 8) The cost to the State of the enforcement procedures; The cost to the Mooresville regional Office was $83.64. I2- 2Z- bg (Y-4 Date 4ctj g RO Supervisor Div sion of Water Quality • MONITORING REPORT(MR)VIOLATIONS for: Report Date: 12/01/08 Page: 9 of 22 ,• ,„, ,T, ,f- y .w;.; �u 8 z a • =rS "` n M' .sv` " Violation Category:Limit Violation Program Category: NPDES WW Perrrmd %n � ��z s� � �� k �M�Rs Between B2008 and 8-200$ , .�Reg�on Mooresville r ° ° Subbasin , � Param Name /o County / Violation Action Facility Name J n _y a Ny 3 .m" t .. 41 • Major Minor /O x ; �r x r ,. _ ',., ..A:> t�. , ,.a ._ .,a.. w.. , „ &,tF�'st.`bX.t..✓;<t- _..ai... �_..�.. .4ak�G.,.,T,u.u........W.,.°i....E,... .;,. . .,.....a, - -i PERMIT:NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville Limit Violation !'L)--e-C--Y- -(- )✓ VIOLATION UNIT OF CALCULATED MONITORING OUTFALL/REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION AP �`)r.› 08-2008 . 001 Effluent Coliform,Fecal MF,M-FC 08/05/08 Weekly #/100m1 400 6,000 Daily Maximum Exceeded None Broth,44.5C 7 08-2008 001 Effluent Coliform,Fecal MF,M-FC 08/06/08 Weekly #/100m1 400 6,000 Daily Maximum Exceeded None Broth,44.5C 08-2008 001 Effluent Coliform,Fecal MF,M-FC 08/07/08 Weekly #/100m1 400 1,900 Daily Maximum Exceeded None Broth,44.5C r ' _ 1 ��t PERMIT:NC0020036 FACILITY: Town of Stanley-Lola Street WWTP COUNTY:Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION Coliform,Fecal MF,M-FC 08/16/08 Weekly #/100m1 400 3,700 Weekly Geometric Mean None OS-2008 001 Effluent Broth,44.5C Exceeded Coliform,Fecal MF,M-FC 08/23/08 Weekly #/100m1 400 546.08 Weekly Geometric Mean None OS-2008 001 Effluent Broth,44.5C Exceeded Coliform,Fecal MF,M-FC 08/31/08 Weekly #/100m1 200 226.48 Monthly Geometric Mean None 08-2008 001 Effluent Broth,44.5C Exceeded 08-2008 001 Effluent pH 08/15/08 Weekly su 6 5.6 Daily Minimum Not Reached None • 4)24-(ye OF W A 7T Beverly Eaves Perdue,Governor 0 pG Dee Freeman,Secretary.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality January 26, 2009 CERTIFIED MAIL 7007 1490 0004 4510 1674 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville, North Carolina 28101 Subject: Notice of Violation - Effluent Limitations Tracking#: NOV-2009-LV-0030 Pharr Yarns Industrial WWTP NPDES Permit No. NC0004812 Gaston County Dear Mr. Cozart: A review of the September 2008 self-monitoring report for the subject facility revealed a violation of the following parameter: Outfall Parameter Reported Value Permit Limit 001 Total residual chlorine 120 µg/L 28 µg/L (Daily maximumk) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at(704) 663-1699. Sincerely, J ; Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Gaston County Health Department MA One Npr Carolina ,Naturally NCDENR Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.ore 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ILII /V'-)127 llFINNOVATION • r," A.--T , r--- 7 - ---- - j ti M1, January 25, 2009 '` Mrs. Marcia Allocco Surface Water Protection Mooresville Regional Office 610 E. Center Ave. Suite 301 ,f e F� ,�.l. E3 wafer p'rvlac an Mooresville NC 28115 Subject: Compliance Evaluation Inspection Pharr Yarns, LLC WWTP NPDES Permit No.NC0004812 Gaston County NC Mrs. Allocco, Please find enclosed a response to the above aforementioned inspection performed by Mr. Wes Bell on Dec. 18, 2008. We are in very intense discussions with our contract laboratory about the problems that have come to our attention due to Mr. Bell's attention to detail. If these problems can not be resolved in a timely manner, a different lab will be obtained to perform our testing. We believe the changes and recommendation from Mr. Bell when enacted will greatly improve our compliance with Self Monitoring and Record Keeping. These changes will be acted upon immediately. If any further information is needed please feel free to contact me at 704-823-2310. 'ncer ly, �— acw-4 if-Da.e_J--.< 2 es L. Davis Environmental Manager/ORC Pharr Yarns, LLC cc: Bill Cozart George Altice Pharr Yarns,LLC • 100 Main Street • PO Box 1939 • McAdenville North Carolina 28101-1939 • Phone 704.824.3551 Pharr Yams, LLC NPDES Permit No. NC0004812 RECORD KEEPING: Comments: -no indication of a color plume was documented on the Feb. 08 DMR. -no effluent pH or TRC were reported for weeks of 3/2-3/8/08 and 6/8-6/14/08. -the incorrect compliance status was reported on the April and July 08 DMRs. -the same up/downstream sampling times were reported on 6/12/08. -no up/downstream sampling times were reported for 6/17 and 6/24/08. -no up/downstream temperature or D.O. were reported for June 08. -up/downstream conductivity was only reported once per week for June, July, and August 08. -up/downstream DO,temperature, conductivity, and fecal coliform were performed only once per week of 8/31-9/6/08. -up/downstream DO,temperature, conductivity were only performed twice per week during week of 9/7-9/13/08. -the monthly average,minimum, and maximum values for effluent sulfide was not documented on the July 08 DMR. -the incorrect effluent limits for BOD, TSS, COD, and sulfide were documented on all DMRs. Responses: -No documentation of color plume on Feb. 08 DMR was an oversight. In the future all DMRs will be double checked for accuracy before printing and submittal. -No report or evidence that the contract lab ran the pH or TRC analyses for these two weeks, (Please see cover letter concerning the contract lab.) -The incorrect compliance status being reported on the two DMRs was an oversight. Please see first response. -The same sampling times for up/downstream on 6/12/08 were on the chain of custody and this was not caught by the ORC when transcribing the information to the DMR. - The computer generated report was not received by the facility from the contract lab. The results were obtained off their LIMS system and the times were not available. Please see comment about the contract lab. - The up/downstream temperatures and DO were performed once per week for the month of June 08,the ORC did not transcribe these from the chain of custodies. An amended DMR is enclosed. - The reporting of these parameters once per week was a misunderstanding by the operators in the plant and was not caught in a timely manner by the ORC. A simplified schedule of sampling (copy enclosed)has been distributed to the staff so this will not happen in the future. This is also the reason the parameters were only performed twice per week the week of 9/7-9/13/08. -Not documenting the avg., min.,max. values for sulfide was an oversight by the ORC All DMRs will be double checked before printing and submittal in the future. - The incorrect effluent limits for these parameters are due to the fact that our permit was modified in April 2006 and the limits were not changed on the DMR in our computer. These changes have been made and will be on the Dec. 08 DMR and all future DMRs. EFFLUENT SAMPLING: Comments: - Composite sampler temperature was being properly measure and documented. Response: - The composite sampler temperature is taken off a thermometer in the sampler refrigerator but was not documented. the temperature is now being documented on the chain of custody. Pharr Yarns WWTP Sampling Schedule Eff. Sample Frequency Sample Type Location Limit FLOW Continous Recording Inf./Eff. 0.5 MGD BOD5 Weekly Composite Effluent 113.4 lbs. TSS Weekly Composite Effluent 147.7 lbs. COD Weekly Composite Effluent 475 lbs. Sulfide Weekly Composite Effluent 2.9 lbs Phenols Weekly Composite Effluent 1.4 lbs. Chromium Weekly Composite Effluent 1.4 lbs. F. Coliform Weekly Grab Effluent 200/100m1. F. Coliform Weekly Grab Up/Down Stream *** *** Up/DownStream Fecal 3 times/week June,July,Aug.,Sept.*** NH3-N Weekly Composite , Effluent Dis. Oxygen Weekly Grab Effluent >1.0 mg/1 Dis. Oxygen Weekly Grab Up/Down Stream *** *** Up/DownStream D.O. 3 times/week june,July,Aug.,Sept.*** pH Weekly Grab Effluent 6-9 s.u. Temperature Daily Grab Effluent Temperature Weekly Grab Up/Down Stream *** ***Up/Down Temp. 3 times/week June,July,Aug.,Sept.*** Conductivity Weekly Grab Effluent Conductivity Weekly Grab Up/Down Stream *** ***Up/Down Cond. 3 time/week June,July,Aug.,Sept.*** Total Nitrogen Weekly Composite Effluent Cal. Total Phos. Weekly Composite Effluent Cal. Color Monthly Grab Effluent Color Monthly Grab Up/Down Stream Chronic Tox. Quarterly Composite Effluent 0.62% T.R. Chlorine Weekly Grab Effluent 28 ug/L EFFLUENT NPDES PERMIT NO. NC0004812 DISCHARGE NO. 001 MONTH JUNE YEAR 2008 FACILITY NAME PHARR YARNS,INC.WWTP CLASS III COUNTY GASTON OPERATOR IN RESPONSIBLE CHARGE(ORC) JAMES DAVIS GRADE IV PHONE (704)824-3551 CERTIFIED LABORATORIES(1) PHARR YARNS(4)SHEALY ENV. (2) PAR LABS(3)Err ENVIRONMENTAL CHECK BOX IF ORC HAS CHANGED Ei PERSON COLLECTING SAMPLES DONALD JOLLEY Mail ORIGINAL and ONE COPY to: ATTN:CENTRAL FILES X i)( / 4 DIV.OF WATER QUALITY (Si STURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE1617 MAIL SERVICE CENTERBY ,IGNATURE,I CERTIFY THAT THIS REPORT IS RALEIGH,NC 27699-1617 AC i TE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00340 00095 32730 01034 >_% F°' c. FLOW Enter Parameter Code Above Name and Units d rEFF © Bdow v �z qazw q O <z F w E E II O ❑ U 68 < R. ;w7 O < •C ° 5 0INF A O O • O� kg O O n OF .w � -Odz (1a UG7 Z O a g u OH U U HRS HRS Y/N MGD •C UNITS Ug/L LB& MG/L LBS. #/100ML MG/L MG/L MG/L LBS. UMHO LBS. LBS. 10700 1 Y .021 2 0500 12 Y .106 26 3 0500 12 Y .189 26 10 4 0500 12 Y .195 26 7.37 <50 13 0.59 98 238 5.2 18.17 0.83 228 1280 0.36 .067 5 0500 12 Y .207 26 310 6 0500 12 Y .102 27 <2 7 0700 1 Y .071 8 0700 1 Y .043 9 0500 12 Y .160 28 10 0500 12 Y .143 28 14 11 0500 12 Y .169 28 L.E. L.E. 3.9 17 183 <2 6.4 47.14 1.8 310 1350 0.23 .138 12 0500 12 Y .158 28 <2 13 0500 12 Y .126 28 14 0700 1 Y .071 15 0700 1 Y .034 16 0500 12 Y .083 28 17 0500 12 Y .199 28 14 18 0500 12 Y .135 23 19 0500 12 Y .150 24 7.39 540 3.0 0.62 38 63 7.5 8.00 0.90 138 1260 0.029 .064 20 0500 12 Y .056 26 12 21 0700 1 Y .066 22 0700 1 Y .040 23 0500 12 Y .096 23 24 0500 12 Y .134 24 40 25 0500 12 Y .176 24 7.26 <50 18 0.59 26 154 7.5 26.00 0.45 147 1140 0.041 .047 26 0500 12 Y .159 24 >120 27 0500 12 Y .100 24 28 0700 1 Y .029 29 0700 1 Y .026 30 0500 12 Y .019 24 31 AVERAGE .109 26 180 9.5 18.8 86 20 6.7 24.83 1.00 206 1258 0.165 0.079 MAXIMUM .207 28 7.39 540 18 17.0 _ 183 310 7.5 47.14 1.80 310 1350 0.360 0.138 MINIMUM .019 23 7.26 <50 3.0 0.59 26 <2 5.2 8.00 0.45 138 1140 0.029 0.047 Comp.©/Grab(G) CONT. G G G _ C _ C C _ G G ' C C C G G C Monthly Limit 1.0 MGD NIA 6T09 NIA 109.2 NIA 137.1 200 NIA NIA NIA 423.6 NIA 1.4 1.4 DEM Form MR-1.1 (Revised 12/94) Facility Status:(Please check one of the following) All monitoring data and sampling frequencies meet permit requirements XX Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc., and a time table for improvements to be made. pH was not run by the contract lab or there is no evidence it was run week of 6/11/08 "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." W.H.COZART P-- 1 - -- (Please print or type) i ‘ 9 2 el6.0- 4tature of Permittee** D at P.O.BOX 1939 McADENVILLE NC 1939 (704)823-2310 5/31/10 Permittee Address Phone Number Permit Exp.Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00087 Union(APMI) 00635 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 531 or 534. Use only units designated in the reporting facility's permit for reporting data. • ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. • **If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b)(2)(D). EFFLUENT NPDES PERMIT NO. NC0004812 DISCHARGE NO. 001 MONTH JUNE YEAR 2008 FACILITY NAME PHARR YARNS,INC.WWTP CLASS III COUNTY GASTON OPERATOR IN RESPONSIBLE CHARGE(ORC) MIKE CHURCH GRADE IV PHONE (704)824-3551 CERTIFIED LABORATORIES(1) PHARR YARNS(4)SHEALY ENV. (2) PAR LABS(3)ETT ENVIRONMENTAL CHECK BOX IF ORC HAS CHANGED n PERSON(S)COLLECTING SAMPLES DONALD JOLLEY Mail ORIGINAL and ONE COPY to: ATTN:CENTRAL FILES X DIV.OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS RALEIGH,NC 27699 1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00745 TGB3P 00080 00600 00600 00665 00665 1. y : FLOW Enter Parameter Code 8 U F n .a Above Name arid Un its a Zw m rPOan y 2Oa 4 `8 EFF El Below � W 05, INF 0 . 0.ta � 01 A aal O O Ck og p5 ggl �°dd aWF Wa HAS HRS Y/N MGD LBS. P/F ADMI LBS. LBS. LBS. LBS. YM 1 2 3 <1.62 124.5 N 4 5 6 7 8 9 10 11 <1.41 12 13 14 15 16 17 18 19 <1.26 20 21 22 23 24 25 <1.47 26 27 28 29 30 31 AVERAGE 0 124.5 TOTAL TOTAL TOTAL TOTAL MAXIMUM <1.62 124.5 675 3681 27.21 321.32 N MINIMUM <1.41 124.5 Comp.(C)/Grab(G) G C C _ C C Ci C SITE Monthly Limit 0.6 PIF N/A 13696IYR 152 YR. NIA DEM Form MR-1.1 (Revised 12/94) DES NO. NC0004812 DISCHARGE NO. 001 MONTH JUKE YEAR 2008 FACILITY NAME PHARR YARNS,INC. WWTP COUNTY GASTON STREAM SOUTH FORK,CATAWBA RIVER STREAM SOUTH FORK, CATAWBA RIVER LOCATION 50 FT. UPSTREAM OF DISCHARGE LOCATION HWY. 7 BRIDGE Upstream Downstream 00010 00400 00310 00300 31616 00095 000801 1 00010 00400 00310 00300 31616 00095 00080 1 1 Enter Parameter Code Enter Parameter Code t. Above Name and m y. Above Name and o 7 a ; Units Below t E. g a Units Below 12 s x AO o f Uw . N a S '_ : Ao c gt vaT v' a p d aU a CaN - 0 h' n 8 0 s 6 V a 6>aN = O kl' :: 9 0 E 0 A O 8 U 0 E F A O 8 U 0 c3 U c� U umhos/ Umhos/ cm Cm HRS °C Units mg/1 mg/1 #/100m1 ADMI HRS °C Units mg/1 mg/1 #/100m1 ADMI 1 • 3 1125 51 50.8 1115 38 50.4 4 1115 25 6.5 <2 1290 1100 25 6.5 <2 1290 5 1105 310 1115 46 6 7 8 9 10 1100 28 1115 15 ii 1115 28 5.5 37 179 1100 28 5.5 25 180 12 1110 33 1110 33 13 14 15 16 17 43 30 18 19 1115 25 7.1 48 201 1100 25 7.1 45 217 20 1140 28 , 1155 23 21 22 23 24 340 390 25 1115 25 5.9 69 241 1101 25 5.9 54 224 26 1115 68 1100 81 27 28 29 30 31 Average 26 ' 6.3 44 478 50.8 26 6.3 32 478 50.4 Maximum 28 7.1 340 1290 50.8 28 7.1 390 1290 50.4 Minimum 25 5.5 <2 179 50.8 25 5.5 <2 180 50.4 DEM Form MR-3(12/93) 6.1A-10-4, �O' WA 1 >, Michael F.Easley,Governor �Q {i William G.Ross Jr.,Secretary le7 North Carolina Department of Environment and Natural Resources p -' Coleen H.Sullins,Director Division of Water Quality January 6, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 4509 6543 Mr. W. H. Cozart, Vice President of Engineering Pharr Yarns, Inc. Post Office Box 1939 McAdenville,North Carolina 28101 Subject: Notice of Violation Compliance Evaluation Inspection Pharr Yarns WWTP NPDES Permit No.NC0004812 Gaston County,N.C. Tracking #: NOV-2009-PC-0009 Dear Mr. Cozart: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 18, 2008 by Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation(NOV) due to the numerous upstream and downstream monitoring violations which are violations of the subject NPDES General Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Record Keeping/Summary and Upstream/Downstream Sampling Sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)per violation, per day,may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by January 27, 2009, addressing these violations and the deficiency noted in the Effluent Sampling Section in the attached report. In responding to the violations, please address your comments to the attention of Mrs. Marcia Allocco. Please be advised that if violations continue to persist in the facility's self- monitoring program, then this Office will proceed with an enforcement recommendation to the Director. Mailing Address Phone(704)663-1699 Location one }� 610 East Center Avenue,Suite 301 Fax (704)663-6040 610 East Center Avenue,Suite 301 N Carolina rally Mooresville,NC 28115 Mooresville,North Carolina Internet: www.ncwaterqualitv.org Customer Service 1-877-623-6748 t Mr. W. H. Cozart January 6, 2009 Page Two The report should be self-explanatory; however, should you have questions concerning this report, please do not hesitate to contact Mrs. Allocco or Mr. Bell at(704) 663-1699. Sincerely, 4( John Lesley Acting Regional Supervisor Surface Water Protection Enclosure: cc: Gaston County Health Department WB r � J United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 U 31 NC0004812 111 121 08/12/18 I 17 18u 19I C IJ ' 20I Remarks l=J U 21IIIIIIII IIIIIIII IIII IIII IIIIIIII IIII IIIIIIIIIII66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 1.5 169 70' 2 I 71 I N I 72(N I 731 I (74 751 I I I I I I (80 Section B: Facility Data �— Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:30 AM 08/12/18 07/01/01 Pharr Yarns Industrial WWTP 147 Willow Dr Exit Time/Date Permit Expiration Date Mc Adenville NC 28101 02:00 PM 08/12/18 10/05/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number W H Cozart,PO Box 1939 Mc Adenville NC 28101/Vice President of Contacted Engineering/704-832-2310/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) II Permit II Flow Measurement II Operations&Maintenance II Records/Reports II Self-Monitoring Program II Sludge Handling Disposal Facility Site Review •Effluent/Receiving Waters II Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell ,, MRO WQ//704-663-1699 Ext.2192/ 1/G/O Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers IDatei Marci Allocco MRO WQ//704-663-1699 Ext.2204/ Cq EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NC0004812 _ j11 12I 08/12/18 117 18LI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: • The review of the facility's self-monitoring program revealed the following discrepancies: - no indication of a color plume was documented on the February 08 DMR. - no effluent pH and TRC were reported for the weeks of 3/2/08- 3/8/08 and 6/8/08 -6/14/08. - no effluent chronic toxicity value was reported on the DMR for April 08 and July 08. -the incorrect compliance status was checked on the June 08 and September 08 DMRs (should have been noncompliant). -the same upstream and downstream sampling times were reported on 6/12/08. - no upstream and downstream sampling times were reported on 6/17/08 and 6/24/08. - no upstream and downstream temperature and dissolved oxygen (DO) were reported for all of June 08 (48-total violations). - upstream and downstream conductivity was only performed once per week during all of June 08 (16-total violations), July 08 (20-total violations), and August 08 (16-total violations). - upstream and downstream DO, temperature, conductivity, and fecal coliform were only performed once per week during the week of 8/31/08 - 9/6/08 (16-total violations). - upstream and downstream DO, temperature, and conductivity were only performed twice per week during the week of 9/7/08- 9/13/08 (6-total violations). -the monthly average, minimum, and maximum values for the effluent total sulfide was not documented on the July 08 DMR. -the incorrect effluent limits for BOD, TSS, COD, and sulfide were documented on all of the DMRs. The facility's self-monitoring program needs improvement. A letter from the contract laboratory must be attached to the appropriate DMR if"L.E." (lab error) is indicated on the DMR for any monitoring discrepancies. The permittee and ORC must ensure that the facility is compliant with all permit-required monitoring frequencies at all times. • Page# 2 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VVVVfP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 • 0 Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? • 0 ❑ n Is the inspector granted access to all areas for inspection? U ❑ ❑ ❑ Comment: The facility description does not include dechlorination. In addition, the facility currently uses an aqueous chlorination system to disinfect the wastewater. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? U ❑ ❑ n Are all records maintained for 3 years(lab. reg. required 5 years)? 0 0 0 • Are analytical results consistent with data reported on DMRs? 'orlon Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling • Name of individual performing the sampling • Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses • Transported COCs • Are DMRs complete:do they include all permit parameters? 0 ■ 0 0 Has the facility submitted its annual compliance report to users and DWQ? 0 0 ■ 0 (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 0 0 • 0 Is the ORC visitation log available and current? U ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? U ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? n ❑ ❑ Page# 3 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VVWTP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: DMRs were reviewed for the period February 08 through September 08. Daily maximum effluent fecal coliform violations were reported in February 08 (3-total), April 08 (2-total), May 08 (3-total), July 08 (7-total), and August 08 (3-total). Monthly average effluent fecal coliform violations were reported in February 08, April 08, May 08, and July 08. Daily maximum effluent total residual chlorine violations were reported in April 08 (1-total), May 08 (1-total), June 08 (1-total), and September 08 (1-total). See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? Norm #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ n Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? n n U n Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 0 0 ■ 0 Comment: The facility contracted Shealy Environmental Services, Inc. (Certification #329) to perform the effluent analyses ( including pH and TRC). The facility staff perform the effluent and instream dissolved oxygen and temperature measurements under laboratory certification#5278. The dissolved oxygen meter and thermometer appeared to properly calibrated; however, the on-site staff must ensure that the dissolved oxygen meter's calibration times are documented. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 0 ■ 0 0 Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ ❑ ❑ ❑ Comment: The composite sampler temperature was not being properly measured and documented. Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? 0 ■ 0 0 Comment: The facility failed to comply with the instream monitoring requirements in June 08, July 08, August 08, and September 08. See also "Record Keeping" Section for additional comments. Operations & Maintenance Yes No NA NE Page# 4 J , Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial WWTP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained at the time of the inspection. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Surface Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ■ ❑ ❑ ❑ Are the diffusers operational? 0 0 ■ 0 Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ■ ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/I) 0 0 ■ 0 Comment: The aeration basin is equipped with two mixers and three aerators (all operational). Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ n ❑ 0 Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ■ 0 ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ ❑ ❑ ❑ Comment: The staff were in the process of unclogging the scum troughs for the secondary clarifiers. Polymer and alum are added to the aeration basin effluent prior to clarification to enhance settling. Page# 5 6.- Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VWVTP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ ❑ ❑ ❑ Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? 0 0 0 • Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? 0 0 ■ 0 Comment: The flow meter is calibrated once per year and was last calibrated by C. Wright Instruments on 9/17/07. Please be advised that the flow meter must be calibrated at a minimum of once per year. Filtration (High Rate Tertiary) Yes No NA NE Down flow Type of operation: Is the filter media present? ■ ❑ ❑ ❑ Is the filter surface free of clogging? ■ ❑ ❑ ❑ Is the filter free of growth? 0 0 0 • Is the air scour operational? ■ ❑ ❑ ❑ Is the scouring acceptable? ■ ❑ ❑ ❑ Is the clear well free of excessive solids and filter media? ■ ❑ ❑ ❑ Comment: One of the three tertiary filters has been taken out of service. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ (Sodium Hypochlorite)Is pump feed system operational? ■ ❑ ❑ ❑ Is bulk storage tank containment area adequate?(free of leaks/open drains) ❑ ❑ U n Is the level of chlorine residual acceptable? U ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? 0 0 0 ■ Comment: De-chlorination Yes No NA NE Type of system ? Liquid Page# 6 . Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial WWTP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate.for cylinders? 0 0 ■ 0 #Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? 11000 Are tablet de-chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? Comment: The aqueous dechlorination system consists of the mixture of chlorine contact chamber effluent and dechlorination tablets. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? onion Comment: The effluent appeared brownish purple with no foam. The receiving stream did not appear to be negatively impacted. A color plume was observed in the receiving stream directly adjacent to the outfall. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ ❑ ❑ ❑ Is the mixing adequate? U ❑ ❑ ❑ Is the site free of excessive foaming in the tank? U ❑ ❑ ❑ #Is the odor acceptable? ■ ❑ ❑ ❑ #Is tankage available for properly waste sludge? ■ ❑ ❑ ❑ Comment: Solids Handling Equipment Yes No NA NE Is the equipment operational? ■ ❑ ❑ ❑ Is the chemical feed equipment operational? ■ ❑ ❑ ❑ Is storage adequate? U ❑ ❑ ❑ Is the site free of high level of solids in filtrate from filter presses or vacuum filters? • 0 0 ❑ Is the site free of sludge buildup on belts and/or rollers of filter press? ■ ❑ ❑ ❑ Is the site free of excessive moisture in belt filter press sludge cake? ■ ❑ ❑ ❑ The facility has an approved sludge management plan? U ❑ ❑ ❑ Page# 7 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VVVVfP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Solids Handling Equipment Yes No NA NE Comment: The runoff from the sludge storage pad is collected and returned to the head of the wastewater treatment plant (via pump station). The dewatered sludge is disposed at an approved landfill. The sludge had been cleaned up around the dewatering building. The facility staff must ensure the stormwater diversion channel is properly maintained at all times to prevent the stormwater runoff from entering the treatment system. Chemical Feed Yes No NA NE Is containment adequate? ■ n n n Is storage adequate? ■ n O n Are backup pumps available? ■ n n n Is the site free of excessive leaking? ■ n n n Comment: Page# 8 • 01 W A-r o9 Michael F.Easley,Governor 0 William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 5, 2008 W H COZART VICE PRESIDENT OF CORPORATE ENGINEERING PHARR YARNS INC DEC — 9 2008 PO BOX 1939 MC ADENVILLE NC 28101 SUBJECT: Payment Acknowledgment -c l,r r a`'Ia FC :i iQC1 Civil Penalty Assessment a �,., Nr Pharr Yarns Industrial WWTP Permit Number:NC0004812 Case Number: LV-2008-0426 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 223142 in the amount of$1,708.64 received from you dated December 3, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, 4 Dina Sprinkle cc: Central Files _ Office Supervisor Mailing Address Phone(919)807-6300 Location NonrthCarolina 1617 Mail Service Center Fax (919)807-6492 512 N.Salisbury St. Naturally Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.ncwatertivality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ,n/ �DF W A r i9 Michael F.Easley,Governor �� G William G.Ross Jr.,Secretary . � North Carolina Department of Environment and Natural Resources 5 .. .s- Coleen H.Sullins,Director Division of Water Quality • November 19, 2008 CERTIFIED MAIL 7007 1490 0004 4510 1438 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville, North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LV-2008-0426 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,708.64 ($1,625.00 civil penalty+ $83.64 enforcement costs) against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for July 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: ATA One Curallarotinsy NCDENR NN A Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.ora 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 875.00 For 7 of the seven(7) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 125.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for phenols. $ 625.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,625.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 1,708.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then You may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. /ti t JODY "."----74 4 i--- (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0426 Outfall Date Parameter Reported Value Permit Limit 001 7/9/08 Fecal coliform 6,400 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 7/22/08 Fecal coliform 19,600 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 7/23/08 Fecal coliform 10,100 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 7/24/08 Fecal coliform 25,200 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 7/29/08 Fecal coliform 37,300 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 7/30/08 Fecal coliform 530 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 7/31/08 Fecal coliform > 6,000 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 7/23/08 Phenol 4.3 lbs/day* 2.9 lbs/day(Daily maximum) 001 7/31/08 Fecal coliform 420.4 CFU/100 mL* 200 CFU/100 mL (Monthly geometric mean) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2008-0426 Having been assessed civil penalties totaling $1,708.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 19, 2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0426 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,708.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) MONITORING REPORT(MR)VIOLATIONS for: Report Date. 11/04/08 Page: 9 of 23 Permit: % S. MRs Between: 7-2008 and 7-2008 Region:Mooresville ` Violation Category:Limit Violation Program Category:% „r Facility Name: % Param Name: % County:% Subbasin:% Violation Action: % Major Minor: PERMIT: NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville Limit Violation 1^-V --, -34:- MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED 7` REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/09/08 Weekly #/100m1 400 / 6,400 i •' Daily Maximum Exceeded None 4 ttar-1 Broth,44.5C 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/22/08 Weekly #/100m1 400 ' 19,600 4 - Daily Maximum Exceeded None -4:1 , -) Broth,44.5C 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/23/08 Weekly #/100m1 400 J 10,100 ?.4-3'7 Daily Maximum Exceeded None 1- i.-E' Broth,44 5C 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/24/08 Weekly #/100m1 400 v 25,200(,).. '—'Daily Maximum Exceeded None A,i .� Broth,44.5C 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/29/08 Weekly #/100m1 400 37,300 ` Daily Maximum Exceeded None `- (Z Broth,44.5C 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/30/08 Weekly #/100m1 400 '. 530 �-) Daily Maximum Exceeded None 11,( Broth,44.5C 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/31/08 Weekly #/100m1 400v 6,000 il-t-">'Daily Maximum Exceeded None 11'i•'1'L� Broth,44.5C C 07-2008 001 Effluent Coliform,Fecal MF,M-FC 07/31/08 Weekly #/100m1 200 420.36 1lt%'t�Monthly Geometric Mean None Broth,44.5C Exceeded 07-2008 001 Effluent Phenolics,Total Recoverable 07/23/08 Weekly lbs/day 2.9 / 4.3 ei,4 r Daily Maximum Exceeded None - t_(_ � C 1 `T 1 (.)_.L�i !?tom; ����— :a. %a t,_a_ y'.'tc=-'�'' {=If'>;.'<•t'<;,�- Cam, !%tt.��4i�,:.. ___ I ( PERMIT: NC0004979 FACILITY: Duke Energy Carolinas LLC-Plant Allen Steam Station COUNTY:Gaston REGION: MooLesville...........---.--- Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED :-t%-•,e_ % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE -- VIOLATION TYPE VIOLATION ACTION 07-2008 001 Effluent Temperature,Water Deg. 07/31/08 5 X week deg f 102 102.1 i Monthly Average Exceeded None Fahrenheit NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2008-0426 Permit Number: NC0004812 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; The effluent daily maximum fecal coliform concentration was 6,400 CFU/100 mL, 19,600 CFU/100mL, 10,100 CFU/100 mL, 25,200 CFU/100 mL, 37,300 CFU/100 mL, 530 CFU/100 mL, and >6,000 CFU/100 mL on July 9th, 22nd, 23rd, 24th, 29th, 30th, and 31 st respectively, which exceeded the permit limit of 400/100 mL. The effluent fecal coliform monthly geometric mean was 420.4 CFU/100 mL, which exceeded the permit limit of200 CFU/100 mL. The effluent daily maximum phenols concentration was 4.3 lbs/day on July 23rd, which exceeded the permit limit of 2.9 lbs/day. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 32.5% to 9,225% and the monthly geometric mean was exceeded by 110.2% during July 2008. The phenols daily maximum permit limit was exceeded by 48.3% on July 23, 2008. 3) The effect on ground or surface water quantity or quality or on air quality; Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. The fecal coliform concentrations at the downstream monitoring site did appear to be negatively impacted by the elevated fecal coliform discharges except for the monitoring completed on July 30, 2008. The upstream fecal coliform concentration was 189 CFU/100 mL whereas the downstream fecal coliform concentration was 37,000 CFU/100 mL. Phenol when combined with chlorine forms chlorinated phenolic compounds, which could potentially taint fish tissue and drinking water, thus degrading taste and odor (organoleptic concerns). 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee notes they have increased sampling to discover the problem areas in the treatment system in an effort to regain compliance. In addition, the permittee is switching to liquid chlorination and dechlorination as of early October 2008. 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 There have been 19 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with six CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0348 $2,583.64 LV for fecal coliform, TSS, TRC, and phenols. Penalty was paid in full. LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 _ $1,956.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. 'i // vv i Date RO Supervisor Division of Water Quality g ��F W A T ,9 Michael F. Easley,Governor fE *JJ( William G.Ross Jr.,Secretary ./j . North Carolina Department of Environment and Natural Resources '111 C Coleco H.Sullins,Director 6imerDivision of Water Quality June 24, 2008 CERTIFIED MAIL 7003 1680 0000 0647 1562 RETURN RECEIPT REQUESTED ' NED Mr. W. H. Cozart Pharr Yarns, Inc. J U N 2 5 2!1fg P. O. Box 1939 McAdenville,NC 28101 NC DENR MRO SUBJECT: NOTICE OF VIOLATION: NOV-2008-LR-0032 DWQ-Surface Water Protection Pharr Yarns, Inc. WWTP NPDES Permit.Number NC0004812 Gaston County Dear Mr. Cozart: This is to inform you that the Division of Water Quality has not received your discharge monitoring report (DMR) for April 2008. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit this report to the Division's Central Files office at the letterhead address within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant with the self-monitoring requirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within the time frame specified above. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve(12)reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, 4. Sus n A. Wilson, Supervisor NPDES Western Unit cc: NPDES Enforcement File One NorthCarolina Central Files ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwateruuality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper William G.Ross Jr.,Secret North Carolina Department of Environment and Natural Resourc a PC3*5>d-- "t p '�-c Coleen H.Sullins,Director Division of Water Quality May 23, 2008 CERTIFIED MAIL 7007 1490 0004 4509 5201 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville, North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yams Industrial WWTP Gaston County Case No. LV-2008-0188 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,331.20 ($1y250.00 civil penalty+ $81.20 enforcement costs) against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for January 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: e k, , N""o,h�Caro ina NCDENR �vatura�ly Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 500.00 For 2 of the three (3)violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 750.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,250.00 TOTAL CIVIL PENALTY $ 81.20 Enforcement costs. $ 1,331.20 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 03/D i ' 6 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0188 Outfall Date Parameter Reported Value Permit Limit 001 1/3/08 Fecal coliform 855 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 1/16/08 Fecal coliform 441 CFU/100 mL 400 CFU/100 mL (Daily maximum) 001 1/24/08 Fecal coliform 17,300 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 1/31/08 Fecal coliform 459 CFU/100 mL * 200 CFU/100 mL (Monthly geometric mean) * Denotes civil penalty assessment p1M7 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2008-0188 Having been assessed civil penalties totaling $1,331.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 23,2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0188 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,331.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) pr7 NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2008-0188 Permit Number: NC0004812 ASSESSMENT FACTORS 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; The effluent daily maximum fecal coliform concentration was 855 CFU/100 mL, 441 CFU/100 mL, and 17,300 CFU/100 mL on January 3`d, 16th, and 24th respectively, which exceeded the permit limit of 400/100 mL. The effluent fecal coliform monthly geometric mean was 459 CFU/100 mL, which exceeded the permit limit of200 CFU/100 mL. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 10% to 4,225% during January 2008. The effluent fecal coliform monthly geometric mean was exceeded by 700.6%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as no monitoring was completed. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. pr 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 There have been 15 CPAs against Pharr Yarns, Inc. for the Industrial VWVTP during the life of the permit with four CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. LV-2008-0021 $833.89 LV for COD. Penalty was paid in full. LV-2007-0489 $1,083.89 LV for BOD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $81.20. .C/1.3/Or D to RO Supervisor Division of Water Quality • MONITORING REPORT(MR)VIOLATIONS for: Report Date 04/28/08 Page 5 of 11 Permit: % MRs Between: 1-2008 and 1-2008 Region:Mooresville Violation Category:Limit Violation Program Category: NPDES WW • Facility Name: % Param Name: % County:% Subbasin:% Violation Action: % Major Minor: PERMIT: NC0004812 FACILITY: Pharr Yarns Inc-Pharr Yarns Industrial WWTP COUNTY:Gaston REGION: Mooresville 4,?,71 Limit Violation LV—Z V C'\ .�c') MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED ,,,,// REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE J� VIOLATION TYPE VIOLATION ACTION 01 -2008 001 Effluent Coliform,Fecal MF,M-FC 01/03/08 Weekly #/100m1 400 855 ((3) Daily Maximum Exceeded None .S, a1,....) Broth,44.5C 01 -2008 001 Effluent Coliform,Fecal MF,M-FC 01/16/08 Weekly #/100m1 400 441 i 04.70 Daily Maximum Exceeded None '41. O Broth,44.5C 01 -2008 001 Effluent Coliform,Fecal MF,M-FC 01/24/08 Weekly #/1o0m1 400 17,300 -25Daily Maximum Exceeded None ` ) Broth,44.5C 01 -2008 001 Effluent Coliform,Fecal MF,M-FC 01/31/08 Weekly #/100m1 200 y 458.9 l 2A9Monthly Geometric Mean None aG Broth,44.5C Exceeded ; , A— I -2L:) Fl:x..�-U.io a)-(4,-)2 �(`72 PH s ' ' I-Lc...-i-hfL�e-4= 1 4;1 t 33I-2` PERMIT:NC0020036 FACILITY: Town of Stanley-Lola Street WWTP COUNTY:Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 01 -2008 001 Effluent Chlorine,Total Residual 01/31/08 2 X week ug/I 28 80 Daily Maximum Exceeded None 01 -2008 001 Effluent DO,Oxygen,Dissolved 01/31/08 Weekly mg/I 6 5.6 Daily Minimum Not Reached None 01 -2008 001 Effluent Nitrogen,Ammonia Total(as 01/31/08 Weekly mg/I 4 4.75 Monthly Average Exceeded None C ,"—I-- �' n- t3asirrvride InformationManegernent System (HIMS� � � °rt r ., In IIx Home Insert File Tasks Queries Administration Help 0 q n. '; .. Track Enforcement Case Up The 11 i'ji --1 Payment , Remission ' Petition Collection Settlement Related Cases Conriments Events Summary ' Related Violations Penalty Assessed Review A ' Ca Nurnber: LV-2008-0188 NOV: Save ' "' Permit NC0004812 Details... SOC: AD: Detail... 1 Monitoring Report 01-2008 [ Details Facility: Pharr Yarns Industrial WWTP Details...1 Region: Mooresville County: 1-aston Owner: Pharr Yarns Inc Maintain... Incident: 1 Detail,.. 1 Inspect Dt: Detains ri CentralOffice Login Date: 0 610 612 0 0 8 Comments: ,.- t - CentralOffice Contact: Sledge,RobertL. _.— Ej _ -. Regional Contact: Allocco,Marcia Yyl --- Enforcement Contact W H Cozart Salutation for Letter: Mr.Cozart if,' - Penalty Assessed Date: I0 512 312 0 0 8 Remission Request: ( I EMC Hearing Date: Letter Date: 0512312008 Remission Acknowledged: Remission Amount: l,=°; Penalty Amount: $1250.00 Enf.Conf.Date: 1 EMC Results Received: hl A L. Damages: Remission Amount: _r„ _ Enforcement Cost ($81.20 Enf.Conf.Letter Date: [ Petition in OAH: [ 1 Total Case Penalty: $1331.20 Facility Rcvd.Enf.Conf.Ltr.: Remission Amount: I-r - Facility Received F&D: 05/28/2008 Total Amount Due: 0.00 4 Case to Collection: r Response Due By: L06/2712008 1 Total Amount Paid: 1$1331,20 Settlement Requested: I i ; _ Case Closed: 6/1 312 0 0 s,' O <Back Next� Finish 1 Cancel s -- -------- Peg Ready Page 111 JSID:ENCS . — ;. start as 2 Microsoft Office O.,. . Besinwide Informatio,., n Documents-Microsof,.. p p < :!' ({a 'r"- 4:39 PM �nn:h De kao ~ 7O hl� ` William G.Ross Jr.,Sec ary r North Carolina Department of Environment and Natural Resources Q Coleen H.Sullins.Director May 9, 2008 Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0001 8497 6551 Mr. W. H. Cozart, Vice President of Engineering Pharr Yarns, Inc. Post Office Box 1939 McAdenville, North Carolina 28101 Subject: Notice of Violation Compliance Evaluation Inspection Pharr Yarns WWTP NPDES Permit No. NC0004812 Gaston County,N.C. Tracking#:NOV-2008-PC-0339 Dear Mr. Cozart: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on April 24, 2008 by Ms. Donna Hood and Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. • This report is being issued as a Notice of Violation (NOV) due to the monitoring violations (lack of flow proportional composite sampling for three months) which are violations of the subject NPDES General Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Effluent Sampling Section of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)per violation, per day, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by May 30, 2008, addressing the above-noted violations and the deficiencies noted in the Record Keeping/Summary, Laboratory, and Solids Handling Equipment Sections in the attached report. In responding to the violations, please address your comments to the attention of Mrs. Marcia Allocco. The response shall also the include the company's actions to ensure the WWTP ORC/Environmental Manager is being provided with enough staffing and time to comply with all relevant NPDES and Stormwater Permits. AtWA Noy` Carolina NCDENR ,Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Mr. W. H. Cozart May 9, 2008 Page Two The report should be self-explanatory; however, should you have questions concerning this report,please do not hesitate to contact Mrs. Allocco, Mr. Bell, or me at(704) 663-1699. Sincerely, a ,L Robert B. Krebs Surface Water Protection Regional Supervisor cc: Gaston County Health Department United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N� 2 15j 31 NC0004812 I11 121 08/04/24 117 181rl 19� j 20 U �r + r Remarks 1 �! !_! 21I1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 1.5 J 69 70 U lJ 71 721 N I 73I 11 1 74 751 I I I I I I 180 Section B: Facilitytit1 Data lJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:13 AM 08/04/24 07/01/01 Pharr Yarns Industrial WWTP 147 Willow Dr Exit Time/Date Permit Expiration Date Mc Adenville NC 28101 01:18 PM 08/04/24 10/05/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number W H Cozart,PO Box 1939 Mc Adenville NC 28101/Vice President of Contacted Engineering/704-832-2310/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) IIII Permit III Flow Measurement II Operations&Maintenance IIII Records/Reports II Self-Monitoring Program III Sludge Handling Disposal In Facility Site Review •Effluent/Receiving Waters II Laboratory Section D: Summary of'Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)�� of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell ,Yt_fIv, MRO WQ//704-663-1699 Ext.2192/ 5/77°g/ Donna Hood MRO WQ//704-663-1699 Ext.2193/ ,8ign ture of Management Q A Reviewer ncy/Office/Phone and Fax Numbers Date Marc a Al occo MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 i 1 NPDES yr/mo/day Inspection Type (cont.) 1 31 NC0004812 1 11 121 08/09/24 I17 181 C1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: The review of the facility's self-monitoring during the review period revealed the following discrepancies: - no effluent chronic toxicity result was reported on the July 07 DMR*. - no downstream temperature was reported on 8/1/07. - no monthly average, maximum, and minimum values were reported for flow in December 07. - the incorrect effluent limits (BOD, TSS, chromium, and phenols) were documented on the DMRs. -the color values for the effluent, upstream, and downstream were not transcribed on the January 08 DMR*. -the ORC signed for the permittee on the DMRs from September 07 through January 08 without the permittee's written authorization. - no chain-of-custody forms for the January 08 color analyses could be found during the inspection. Note: *denotes amended DMR should be resubmitted. The facility's overall record keeping system needs to be improved. Page# 2 a I' Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VVVVfP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 00110 Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: The facility installed a tablet type dechlorination system per Authorization-to-Construct (ATC) approval dated 6/13/06. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 ■ 0 0 Is all required information readily available,complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? 0 ■ 0 0 Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 0 ■ 0 (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 00110 Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? 00110 Page# 3 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VWVfP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: DMRs were reviewed for the period February 07 through January 08. Daily maximum effluent BOD violations were reported in March 07 (1-total) and December 07 (1-total). Monthly average effluent COD violations were reported in June 07 and December 07. Daily maximum effluent fecal coliform violations were reported in August 07 (1-total), October 07 (1-total), November 07 (1-total), December 07 (2-total), and January 08 (3-total). Monthly average effluent fecal coliform violations were reported in December 07 and January 08. A daily maximum effluent TRC violation was reported in January 08. The Division separately addresses limit violations by the issuances of either NOVs or NOV/civil penalty assessmenets. See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 ■ 0 Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? 00 . 0 Comment: As of 1/1/08, Shealy Environmental Services, Inc. (Certification#329) has been contracted to perform the field (except DO and temperature) and effluent analyses. The City of Gastonia/Crowders Creek Laboratory (Certification#210) has been contracted to perform color analyses. In addition, ETT Environmental, Inc. has been contracted to perform the chronic toxicity analyses. The annual calibration/verification curve (2007) on the TRC meter could not be found and the DO meter calibrations were not documented on 1/24/08 and 1/30/08. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 ■ 0 0 Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? 0 ■ 0 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 0 ■ 0 0 Is the facility sampling performed as required by the permit(frequency,sampling type representative)? 0 ■ ❑ 0 Comment: The ORC indicated the facility had been collecting time-based composite samples for approximately three months. The tubing need to be cleaned/replaced and . the composite sampler temperatures were not being monitored/documented. The stormwater drainage system adjacent to the filtration building is connected to the effluent piping system prior to the effluent sampling point. This stormwater system must be redirected downstream of the effluent sampling point. Page# 4 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VVVVTP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Upstream/ Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? • 0 0 0 Comment: The facility staff must ensure the upstream sampling location is above the VWVfP's effluent discharge. Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Overall, the facility appeared to be properly operated and maintained. The facility staff incorporate a comprehensive process control program. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Surface Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? U ❑ ❑ Are the diffusers operational? ❑ ❑ • ❑ Is the foam the proper color for the treatment process? ❑ ❑ ■ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? U ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/I) • U ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? U ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? . 000 Are weirs level? ■ ❑ 0 ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? U ❑ 0 ❑ Is scum removal adequate? U ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? U ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? U ❑ ❑ ❑ Page# 5 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VWVTP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the sludge blanket level acceptable?(Approximately 1/4 of the sidewall depth) ■ ❑ ❑ ❑ Comment: The facility utilizes two secondary clarifiers. Polymer and alum are added to the wastestream prior to secondary clarification. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ ❑ ❑ ❑ Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? 0 0 0 • Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? 00110 Comment: The flow meter is calibrated annually and was last calibrated by C.W. Wright Instruments, Inc. on 9/17/07. Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Down flow Is the filter media present? 0 0 0 ■ Is the filter surface free of clogging? 0 0 0 • Is the filter free of growth? 0 0 0 • Is the air scour operational? DONO Is the scouring acceptable? ■ ❑ ❑ ❑ Is the clear well free of excessive solids and filter media? ■ ❑ ❑ ❑ Comment: The facility utilizes three tertiary filter tanks. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ (Sodium Hypochlorite) Is pump feed system operational? 0 0 ■ 0 Is bulk storage tank containment area adequate?(free of leaks/open drains) ❑ ❑ ■ ❑ Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑ Page# 6 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial VVVVTP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Disinfection-Liquid Yes No NA NE Comment: Both chlorine contact chamber trains were in operation. The facility utilizes aqueous disinfection consisting of calcium hypochlorite tablets and treated wastewater (recirculated via pump). De-chlorination Yes No NA NE Type of system ? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ■ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Comment: The chlorination and dechlorination tablets are stored in the same building. The facility staff should store these substances separately. Are tablet de-chlorinators operational? 0 0 ■ 0 Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: The effluent appeared purple with no foam. The receiving stream was very turbid; therefore, no stream impacts could be determined. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ ❑ ❑ ❑ Is the mixing adequate? ■ ❑ ❑ ❑ Is the site free of excessive foaming in the tank? ■ ❑ ❑ ❑ #Is the odor acceptable? ■ ❑ ❑ ❑ #Is tankage available for properly waste sludge? ■ ❑ ❑ ❑ Comment: Solids Handling Equipment Yes No NA NE Is the equipment operational? ■ ❑ ❑ ❑ Is the chemical feed equipment operational? ■ ❑ ❑ ❑ Is storage adequate? ■ ❑ ❑ ❑ Page# 7 Permit: NC0004812 Owner-Facility: Pharr Yarns Industrial WWTP + Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Solids Handling Equipment Yes No NA NE Is the site free of high level of solids in filtrate from filter presses or vacuum filters? 111000 Is the site free of sludge buildup on belts and/or rollers of filter press? ■ ❑ ❑ ❑ Is the site free of excessive moisture in belt filter press sludge cake? ■ ❑ ❑ ❑ The facility has an approved sludge management plan? ■ ❑ ❑ ❑ Comment: Residual sludge was observed adjacent to the dewatering building. In addition, a portion of the supernate was not being properly contained and disposed (discharging/flowing onto the ground). All sludge and supernate must be properly contained and disposed. In addition, the facility staff should divert all stormwater away from the floor drainage system in the dewatering building. The dewatered sludge is transported to the Gaston County landfill (by Republic Waste Services) for final disposal. 1.1 -tea Ft L �; ` )^ '} , rul fl1a !" ; ,. � i ' ( Ti. L • I „, l t� t 5- `36_zo� , AA 1r � , ,J I / li�i Page# 8 Q William G.Ross Jr.,Secretary Cq North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality April 28, 2008 DWQ Project# 08-0744 Gaston County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Pharr Yarns, LLC Attn: Bill Cozad PO Box 1939 RECE1VEL McArdenville,North Carolina 28101-1939 ;-.E 3 0 2008 Subject Property: Pharr Yarns Water Intake Structure Permitting Fee NC DENR MRO ® PERMITTING FEE MISSING DWQ-Surface Water Protection Dear Mr. Pharr: On April 28,2008,the Division of Water Quality(DWQ) received your application dated April 25, 2008 for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. This project has been placed on hold until we receive the requested item. Please provide the following so that we may continue to review your project. Additional Information Requested: • ® In accordance with North Carolina General Stature Section 143-215.3D(e), any requirement for written approval for a 401 Water Quality certification must include the appropriate fee. The fee for applications is $240 for projects impacting less than an acre of wetland and less than 150 linear feet of streams whether intermittent or perennial). For projects impacting one or more acres of wetland or 150 or more feet of streams(whether intermittent or perennial), the fee is $570. Please remit$240 to begin the review and approval process. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact this office in writing. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as returned. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not Nam` Carolina 401 Oversight/Express Review Permitting Unit Naturally 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state,nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper authorized(at this time)by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sinc y, I 4, / 0 / 4i , fr Cyndi Karoly, Supervisor li i I 1 Oversight/Express Review Permitting Unit CBK/ljd C.C.. VANOPIIKull, L VY navv.v.,..." USACE Asheville Regulatory Field Office Trigon/Kleinfelder, Inc., Christine Brenk, 6200 Harris Technology Blvd.,Charlotte,NC 28629 File Copy Central Files Filename: 080744PharrYams WaterintakeStructure(Gaston)_Hold_NeedFee 1/4\11ii.... PHARI TRADITION OF INNOVATION October 13, 2008 OCT 1 5 2008 Mr. Robert Krebbs NCDENR [,,,, LiLiVX Iti z,-_) Division of Water Quality IWQ-Surface IAI 4er r.0&eC,• 610 E. Center Ave. Suite 301 Mooresville,N.C. 28115 Re: Follow up on meeting of 10/9/08. Mr. Krebbs, I would like to thank you, Ms. Hood, and Mr. Bell for meeting with us on Thursday to discuss Pharr Yams ongoing problems with its wastewater treatment plant operations. As discussed in the meeting our main problem is with fecal coliform violations, so we have obtained engineering help, W.K. Dickson,to evaluate the treatment and operational processes. Also as we discussed Pharr will immediately shift from tablet, calcium hypochlorite, chlorine feed to liquid, sodium hypochlorite, feed to obtain optimal and repeatable disinfection results. I will remain in contact with Donna or Wes of your office on a regular basis as we further evaluate our options of correcting the problems we are experiencing. I will also file written reports with them so all parties involved will have documented results from Pharr Yarns on the progress or lack thereof on straightening out of the violations. In closing Pharr Yams has always prided itself on trying to be a good steward and being proactive in meeting our environmental obligations,so if you or any of your staff have any recommendations as we proceed they would be greatly appreciated. Thank You Again, ,. ---"----Da„....,,,c_i• C)----‘4frw.., James L. Davis Environmental Manager Pharr Yams, LLC cc: Bill Cozart, V.P. Corp. Engineering Pharr Yams Bob Froneberger, W.K. Dickson Pharr Yarns,LLC • 100 Main Street • PO Box 1939 • McAdenville North Carolina 28101-1939 • Phone 704.824.3551 o0 W A7- 19' :::1:: r etary r North Carolina Department of Environment and Natural Resources Zi O tort/- Coleen H.Sullins,Director Division of Water Quality October 13,2008 W H COZART PHARR YARNS iNC PO BOX 1939 MC ADENVILLE NC 28101 OCT 1 4 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Pharr Yarns Industrial WWTP Permit Number:NC0004812 ' Case Number: LV-2008-0348 DW0-!.uTface Water Poileciion Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 221099 in the amount of$2,583.64 received from you dated October 8, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, Sc:11zU 42/2LLAte, Dina Sprinkle cc: Central Files al Office Supervisor Mailing Address Phone(919)807-6300 Location Carolina 1617 Mail Service Center Fax (919)807-6492 512 N.Salisbury St. Qturalf Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.ncwateraualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper O� wG � William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resourc 2.4 Coleen H.Sullins,Director Division of Water Quality September 11, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0448 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yams, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LV-2008-0348 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,583.64 ($2,500.00 civil penalty+$83.64 enforcement costs) against Pharr Yams, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for May 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yams, Inc. violated the terms, conditions, or requirements of NPDES Permit No.NC0004812 and North Carolina General Statute(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yams, Inc.: AVA One N""o�h1tCarolina NCDENR Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 375.00 For 3 of the three (3) violations of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 125.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. $ 0.00 For 2 of the two (2)violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids. $ 125.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for phenols. $ 625.00 For 1 of the one (1) violation of G.S.'143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 625.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for total suspended solids. $ 625.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for phenols. $ 2,500.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 2,583.64 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. /3 I' 11 j+' /(- (Dat ) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0348 Outfall Date Parameter Reported Value Permit Limit 001 5/7/08 Fecal coliform 8,200 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 5/21/08 Fecal coliform 5,700 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 5/30/08 Fecal coliform 3,900 CFU/100 mL* 400 CFU/100 mL (Daily maximum) 001 5/14/08 Total residual 350 chlorine µto 28 µg/L (Daily maximum) 001 5/14/08 TSS 253.O lbs/day 249.7 lbs/day(Daily maximum) 001 5/21/08 TSS 270.O lbs/day 249.7 lbs/day(Daily maximum) 001 5/21/08 Phenol 7.4 lbs/day* 2.9 lbs/day(Daily maximum) 001 5/31/08 Fecal coliform 340.7 CFU/100 mL* 200 CFU/100 mL (Monthly geometric mean) 001 5/31/08 TSS 2.6 lbs/day* 1.4 lbs/day (Monthly average) 001 5/31/08 Phenol 182.O lbs/day* 147.7 lbs/day(Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2008-0348 Having been assessed civil penalties totaling$2,583.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 11, 2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0348 Assessed Party: Pharr Yams, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $2,583.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future " occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2008-0348 Permit Number: NC0004812 ASSESSMENT FACTORS 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; The effluent daily maximum fecal coliform concentration was 8,200 CFU/100 mL, 5,700 CFU/100mL, and 3,900 CFU/100 mL on May 7th, 21st, and 30th respectively, which exceeded the permit limit of 400/100 mL. The effluent fecal coliform monthly geometric mean was 340.7 CFU/100 mL, which exceeded the permit limit of200 CFU/100 mL. The effluent daily maximum total residual chlorine concentration was 350 µg/L on May 14, 2008, which exceeded the permit limit of 28 µg/L. The effluent daily maximum total suspended solids concentration was 253.0 lbs/day and 270 lbs/day on May 14th and 21st respectively, which exceeded the permit limit of 249.7 lbs/day. The effluent total suspended solids monthly average concentration was 182.0 lbs/day, which exceeded the permit limit of 147.7 lbs/day. The effluent daily maximum phenols concentration was 7.4 lbs/day on May 21st, which exceeded the permit limit of 2.9 lbs/day. The effluent phenols monthly average concentration was 2.58 lbs/day, which exceeded the permit limit of 1.4 lbs/day. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 875% to 1,950% and the monthly geometric mean was exceeded by 70.4% during May 2008. The total residual chlorine daily maximum permit limit was exceeded by 1,150% on May 14, 2008. The total suspended solids daily maximum permit limit was exceeded by 1.3% to 8.1% and the monthly average was exceeded by 23.2% during May 2008. The phenols daily maximum permit limit was exceeded by 155.2% and the monthly average was exceeded by 84.6% during May 2008. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as no monitoring was completed. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity and can hinder the gill activity of fish and smother freshwater mussels and other organisms in large enough concentrations. Residual chlorine reacts with organic matter in water and creates disinfection by-products (trihalomethanes, haloacetic acids, etc.), which are toxic to both humans and aquatic organisms. Residual chlorine is also directly toxic to aquatic organisms. Phenol, when combined with chlorine, forms chlorinated phenolic compounds with potential to taint fish tissue and drinking water, thus degrading taste and odor (organoleptic concerns). 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee notes they have increased sampling to discover the problem areas in the treatment system in an effort to regain compliance. 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 There have been 19 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with six CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0283 $1,206.20 LV for fecal coliform, TSS, and TRC. Penalty was paid in full. LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. LV-2008-0021 $833.89 LV for COD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. g/i/41 K---_ Date RO Supervisor Division of Water Quality PERMIT: NC0004812 FACILITY: Pharr Yarns Inc - Pharr Yarns Industrial WWTP COUNTY: Gaston REGION: Mooresville Limit Violation ,r l �,—•y �'1`� �`�-� MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE,VIOLATION TYPE VIOLATION ACTION 05 -2008 001 Effluent Chlorine, Total Residual 05/14/08 Weekly ug/I 28 '� 0 350 %60 Daily Maximum Exceeded None j 05 -2008 001 Effluent Coliform, Fecal MF, M-FC 05/07/08 Weekly #/looml 4001// a 8,2001I ,CjO Daily Maximum Exceeded None it,1 � Broth,44.5C ` 05 -2008 001 Effluent Coliform, Fecal MF, M-FC 05/21/08 Weekly #/looml 400rl 5,700/ `3)'�Daily Maximum Exceeded None ' k Broth,44.5C 05 -2008 001 Effluent Coliform, Fecal MF, M-FC 05/30/08 Weekly #/looml 400-/ -3,900" rJ� Daily Maximum Exceeded None Broth,44.5C 05 -2008 001 Effluent Coliform, Fecal MF, M-FC 05/31/08 Weekly #/loom] 200`' / v 340.7 ✓ "D4Monthly Geometric Mean None Broth,44.5C Exceeded 05 -2008 001 Effluent Phenolics, Total Recoverable 05/21/08 Weekly Ibs/day 2.9 7.4y/l1 Daily Maximum Exceeded None' 05 -2008 001 Effluent Phenolics, Total Recoverable 05/31/08 Weekly Ibs/day 1.4 ✓� • 2.58Monthly Average Exceeded None �,�''l�aily 4 C 05 -2008 001 Effluent Solids, Total Suspended 05/14/08 Weekly Ibs/day 249.7 • 253 Maximum Exceeded None 05 -2008 001 Effluent Solids, Total Suspended 05/21/08 Weekly Ibs/day 249.7 • 2701/— lly�TSaily Maximum Exceeded None 05 -2008 001 Effluent Solids, Total Suspended 05/31/08 Ibs/day 147.7 182 �,13, Monthly Average Exceeded None- =' ' ( Cj - � "tL 7 F ^ t� R-1 zl LWeekly r 1 t i PERMIT: NC0006033 FACILITY: Town of Cramerton - Eagle Road WWTP COUNTY: Gaston REGION: Mooresville Gy'✓� Limit Violation ��� �'1 f!)4 J MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 05 -2008 001 Effluent Phosphorus, Total (as P) 05/31/08 Weekly mg/1 1 1. CP t l Monthly Average Exceeded None cp6lt O, 1 "!c l %' • �OF w A TF90 Michael F.Easley,Governor �0 William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources -c Coleen H.Sullins,Director Division of Water Quality September 9,2008 W H COZART RECJVED PHARR YARNS MC PO BOX 1939 MC ADENVILLE NC 28101 SEP 1 0 2008 SUBJECT: Payment Acknowledgment NC DENR MRO Civil Penalty Assessment Pharr Yarns Industrial WWTP DWQ-Surface Water Protection Permit Number:NC0004812 Case Number: LV-2008-0283 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 219922 in the amount of$1,206.20 received from you dated September 5, 2008. This payment satisfies in full the above civil assessment levied against the subject facility,and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, ladUL Dina Sprinkle cc: Central Files D ;1 Office Supervisor Mailing Address Phone(919)807-6300 Location 4onfthCarolina 1617 Mail Service Center Fax (919)807-6492 512 N.Salisbury St. ,Naturally Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.ncwateraualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper �V �iyQ ivncnaer r.nasiey,:r: William RossJr., t Lk, r- North Carolina Department of Environment and Natural Resourc Q Coleen H.Sullins,Director Division of Water Quality August 12, 2008 CERTIFIED MAIL 7007 1490 0004 4509 6000 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yarns, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LV-2008-0283 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,206.20 ($1,125.00 civil penalty+$81.20 enforcement costs) against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the • self-monitoring data reported for April 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: rA N"o ehCarolina NCDENRtura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: vvww.ncwaterqualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 250.00 For 2 of the two (2) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 125.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. $ 125.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids. $ 625.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,125.00 TOTAL CIVIL PENALTY $ 81.20 Enforcement costs. $ 1,206.20 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 r , (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 r , Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenanceproblems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. ( ate) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0283 Outfall Date Parameter Reported Value Permit Limit 001 4/23/08 Fecal coliform 42,000 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 4/30/08 Fecal coliform 6,400 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 4/2/08 Total residual 1,100 µg/L * 28 µg/L (Daily maximum) chlorine 001 4/23/08 TSS 343.0 lbs/day * 249.7 lbs/day(Daily maximum) 001 4/30/08 Fecal coliform 401.1 CFU/100 mL * 200 CFU/100 mL (Monthly geometric mean) * Denotes civil penalty assessment v . STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2008-0283 Having been assessed civil penalties totaling $1,206.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 12, 2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0283 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,206.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); ' (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2008-0283 Permit Number: NC0004812 ASSESSMENT FACTORS 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; The effluent daily maximum fecal coliform concentration was 42,000 CFU/100 mL and 6,400 CFU/100 mL on April 23rd and 30th respectively, which exceeded the permit limit of 400/100 mL. The effluent daily maximum total residual chlorine concentration was 1,100 µg/L on April 2, 2008, which exceeded the permit limit of 28 µg/L. The effluent daily maximum total suspended solids concentration was 343.0 lbs/day on April 23, 2008, which exceeded the permit limit of 249.7 lbs/day. The effluent fecal coliform monthly geometric mean was 401.1 CFU/100 mL, which exceeded the permit limit of200 CFU/100 mL. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 1,500% and 10,400% on April 23, 2008 and April 30, 2008. The total residual chlorine daily maximum permit limit was exceeded by 3,828.5% on April 2, 2008. The total suspended solids daily maximum permit limit was exceeded by 37.4% on April 23, 2008. The effluent fecal coliform monthly geometric mean was exceeded by 123.4%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as no monitoring was completed. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity and can hinder the gill activity of fish and smother freshwater mussels and other organisms in large enough concentrations. Residual chlorine reacts with organic matter in water and creates disinfection by-products (trihalomethanes, haloacetic acids, etc.), which are toxic to both humans and aquatic organisms. Residual chlorine is also directly toxic to aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been 17 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with five CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0211 $1,956.20 LV for fecal coliform. Penalty is unpaid. LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. LV-2008-0021 $833.89 LV for COD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $81.20. 7/14, Date RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Permit: % MRs Between: 4-2008 and 4 2008 Region: Mooresville Facility Name: % Param Name: % County: % Major Minor: % Report Date: 08/04/08 Page: 5 of 16 Violation Category: Limit Violation Program Category: % Subbasin: % Violation Action: % PERMIT: NC0004812 FACILITY: Pharr Yarns Inc - Pharr Yarns Industrial WWTP COUNTY: Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED JJ VALUE / L,, VIOLATION TYPE VIOLATION ACTION 04-2008 001 Effluent Chlorine, Total Residual 04/02/08 Weekly ug/I 28 ✓ 1,100 3,V Daily Maximum Exceeded None , — 04 -2008 001 Effluent Coliform, Fecal MF, M-FC 04/23/08 Weekly #/100ml 400 '/42,000 Ik�Daily Maximum Exceeded None Broth,44.5C 04 -2008 001 Effluent Coliform, Fecal MF, M-FC 04/30/08 Weekly #/100ml 400 6,400 V�IDaily Maximum Exceeded None 2C� Broth,44.5C 1� 04 -2008 001 Effluent Coliform, Fecal MF, M-FC 04/30/08 Weekly #/100ml 200 401.08" 10) 0 Monthly Geometric Mean None Broth.44.5C Exceeded 04 -2008 001 Effluent Solids, Total Suspended 04/23/08 Weekly Ibs/day 249.7 J 343 ✓, 'A a Daily Maximum Exceeded None (C-a �pF W A 7- 19Michael F.Easley,Governor .9 G William G.Ross Jr.,Secretary 7- North Carolina Department of Environment and Natural Resources c Coleen H.Sullins,Director Division of Water Quality July 24, 2008 W H COZART PHARR YARNS INC PO BOX 1939 REcEivED MC ADENVILLE NC 28101 SUBJECT: Payment Acknowledgment J U L 3 0 2008 Civil Penalty Assessment Pharr Yarns Industrial WWTP NC DEAR MRO Permit Number: NC0004812 Case Number: LV-2008-0211 DWQ-Surface Water Protection Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 217575 in the amount of$1,956.20 received from you dated July 7, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, Dina Sprinkle cc: Central Files DWQ MooresvilkaAgifirial Office Supervisor Mailing Address Phone(919)807 6300 Location One Naturally 1617 Mail Service Center Fax (919)807-6492 512 N.Salisbury St. Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.ncwaterqualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper William G.Ross Jr.,Secretary �l . NG North Carolina Department of Environment and Natural Resource .� Coleen H.Sullins,Director Division of Water Quality June 13, 2008 • CERTIFIED MAIL 7007 1490 0004 4509 5287 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yams, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6)and NPDES Permit No. NC0004812 Pharr Yams Industrial WWTP Gaston County Case No. LV-2008-0211 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,956.20 ($1,875.00 civil penalty+ $81.20 enforcement costs) against Pharr Yams, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for February 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yams, Inc.: AVA N'o,e Carolina NCDENR aturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwateruualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 937.50 For 3 of the three (3) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 937.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,875.00 TOTAL CIVIL PENALTY $ 81.20 Enforcement costs. $ 1,956.20 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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. . 71 In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR • 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 6f/3 2nvif " ? e (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0211 Outfall Date Parameter Reported Value Permit Limit 001 2/13/08 Fecal coliform 637 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 2/20/08 Fecal coliform 655 CFU/100 mL 400 CFU/100 mL (Daily maximum) 001 2/27/08 Fecal coliform 764 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 2/29/08 Fecal coliform 446.8 CFU/100 mL * 200 CFU/100 mL (Monthly geometric mean) * Denotes civil penalty assessment v . STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2008-0211 Having been assessed civil penalties totaling $1,956.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 13, 2008,the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY • ADDRESS TELEPHONE . N JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0211 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $1,956.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2008-0211 Permit Number: NC0004812 ASSESSMENT FACTORS 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; The effluent daily maximum fecal coliform concentration was 637 CFU/100 mL, 655 CFU/100 mL, and 764 CFU/100 mL on February 13th, 20th, and 27th respectively, which exceeded the permit limit of 400/100 mL. The effluent fecal coliform monthly geometric mean was 446.8 CFU/100 mL, which exceeded the permit limit of200 CFU/100 mL. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 59.3% to 91% during February 2008. The effluent fecal coliform monthly geometric mean was exceeded by 123.4%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as no monitoring was completed. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been 16 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with five CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0188 $1,3331.20 LV for fecal coliform. Penalty was paid in full. LV-2008-0150 $2,331.20 LV for fecal coliform, BOD, and COD. Penalty was paid in full. LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. LV-2008-0021 $833.89 LV for COD. Penalty was paid in full. LV-2007-0489 $1,083.89 LV for BOD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $81.20. 6/J7/war Date RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Report Date: 05/21/08 Page: 4 of 15 Permit: % MRs Between: 2-2008 and 2-2008 Region: Mooresville '. Violation Category: Limit Violation Program Category: NPDES VWV Facility Name: % Param Name: % County:% Subbasin: % Violation Action: % { Major Minor. PERMIT: NCO042293 FACILITY: Speciality Lighting Inc - Speciality Lighting COUNTY: Cleveland REGION: Mooresville G�12.✓ Limit Violation MONITORING OUTFALL / REPORT PPI LOCATION VIOLATION UNIT OF PARAMETER DATE FREQUENCY MEASURE CALCULATED LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 02 -2008 001 Effluent Coliform, Fecal MF, M-FC 02/20/08 2 X month #/100ml 400 1,180 Daily Maximum Exceeded None Broth,44.5C PERMIT: NC0004812 FACILITY: Pharr Yarns Inc - Pharr Yarns Industrial WWTP COUNTY: Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE �� VIOLATION TYPE VIOLATION ACTION 02 -2008 001 Effluent Coliform, Fecal MF, M-FC 02/13/08 Weekly #/100ml ✓400 637 {. Daily Maximum Exceeded None y �t Broth,44.5C 02 -2008 001 Effluent Coliform, Fecal MF, M-FC Broth,44.5C 02 -2008 001 Effluent Coliform, Fecal MF, M-FC Broth,44.5C 02 -2008 001 Effluent Coliform, Fecal MF, M-FC Broth,44.5C fir" ." . �--�..�� ti ,1,�.�� = r • 02/20/08 Weekly #/100ml '/400 02/27/08 Weekly #/100ml `J/400 02/29/08 Weekly #/100ml ' 200 655 Daily Maximum Exceeded None * 764 CA t Daily Maximum Exceeded 446.78 l)L-)� Monthly Geometric Mean Exceeded None M? '?)j.-)L, None 0 C,3 -4J� /7 mil PftNNOVAI& v Dr' 11111111111 odj May 29, 2008 '" ' ' ' "17 ' IVED J U N - 2 2008 Mrs. Marcia Allocco NCDENR NC DE MR0 Division of Water Quality R t;�n� �l 610 E. Center Ave., Suite 301 "+��i1, Aco t;,a►er Protection Mooresville N.C. 28115 Re: Notice of Violation Compliance Evaluation Inspection Pharr Yarns WWTP NPDES Permit No.NC0004812 Gaston County,N.C. Mrs. Allocco, Please find enclosed our response to the aforementioned N.O.V. from the Compliance Inspection performed by Mr. Bell and Ms. Hood on April 24, 2008. Many changes are being implemented to insure that record keeping and plant O&M will be improved. I have also been assured that personnel, contract or otherwise,will be provided so as ORC I'll have enough time and people to comply with all relevant NPDES and Stormwater Permits. If there are any questions or you need more information please feel free to contact me at 704-823-2310 or e-mail james.davis@mindspring.com Respe fully es L. Davis Environmental Manager/ORC Pharr Yarns LLC Pharr Yarns,LLC • 100 Main Street • PO Box 1939 • McAdenville North Carolina 28101-1939 • Phone 704.824.3551 COMMENTS: Record Keeping; 1.No effluent chronic toxicity result was reported on the July 2007 DMR. 2. No downstream temperature was reported on 8/1/07 3.No monthly avg., Max., and min. were reported for flow on Dec. 2007 DMR. 4. The incorrect effluent limits were documented on the DMRs for BOD, TSS, chromium, and phenols. 5. The color values were not transcribed on the Jan. 08 DMRs. 6. The ORC signed for the permittee on the DMRs without written authorization. 7.No chain-of-custody form for Jan. 08 color analysis could be found. RESPONSE: Record Keeping; 1. The July 07 DMR will be amended and resubmitted to Central Files 2. The temperature not being reported for the downstream on 8/1/07 was an oversight on my part,but the up and downstream temperature have historically been the same. Better attention to detail in filling out the DMRs should correct this problem. 3. The avg., max., and min. flow readings were not on the DMRs for Dec. 07 due to an oversight on my part. As stated above, better attention to detail should correct this problem 4. The incorrect effluent limits that were documented on the DMRs because our limits were revised after the last permit was issued. our DMRs are computer generated and the revised limits were not changed on the DMRs. This was corrected after the inspectors brought this my attention. 5. The Jan. 08 DMR will be amended and resubmitted to Central Files with the color values on them. The analysis report was with the laboratory paper work. 6. Permission for the ORC to sign for the permittee has been obtained, copy enclosed, and forwarded to Raleigh. 7. The chain-of-custody for the color analysis was found and put with color analysis report. The record keeping of our facility is being improved by trying to keep all records for laboratory, field and contract, and the DMRs filed together by month and plants. COMMENTS: Laboratory; 1. The annual calibration/verification curve (2007) for the TRC meter could not be found. 2. The D.O. meter calibrations were not documented on 1/24,and 1/30/08. RESPENSE: Laboratory; 1. The annual curve for the TRC meter has still not been located but was performed after our 2007 inspection as we were told we could use a different lower reporting threshold. This should not be a problem in the future as Shealy Environmental Services now performs all testing except D.O. and temperature. 2. The D.O. calibrations were not documented on 1/24 and 1/30/08 due to plant personnel oversight. Plant personnel have been instructed that closer attention to detail in documentation of all procedures needs to improve. COMMENTS: Effluent Sampling; 1. The facility was collecting time based samples for approximately three months. 2. The sampler tubing needs cleaning/replaced. 3. Composite sampler temperatures were not being monitored or documented. 4. Stormwater drainage system adjacent to the filtration system is connected to the effluent piping system prior to the sampling point. RESPONSE: Effluent Sampling; 1. The facility was collecting time based samples due to broken wires. An electrical contractor pulled new shielded cable the week of May 9, 2008 and plant personnel connected the cable to the sampler and flow meter. We are now currently sampling flow proportional as required. 2. The sampler tubing was cleaned and new tubing is on order to replace it. 3. Composite sampler temperature are now being monitored and recorded, copy of form enclosed. 4. The stormwater drainage pipe had never been noticed by plant staff until this inspection. A full investigation of this pipe by plant staff and a contractor was performed, during a rain event, and no discharge was observed coming from it. The conclusion of all involved that this is probably an old discharge line from before the plant was upgraded in 1971 and was just abandoned. COMMENTS: Solids Handling Equipment; 1. Residual sludge was observed adjacent to dewatering building. 2. A portion of the supernate was not properly contained and disposed of. 3. Facility staff should divert all stormwater away from floor drainage system. RESPONSE: Solids Handling Equipment; 1. The residual sludge observed adjacent to the building was promptly cleaned up and disposed of with our dewatered sludge. 2. The supernate seen was coming from overflow on the belt press and running down the wall onto the pad and ground below. A concrete contractor has been notified and is going to pour a dike around the pad so all supernate will flow to the floor drains. 3. A swell/ditch was cut into the drive prior to the dewatering building and all storm- water is now diverted around the building. COMPOSITE SAMPLER TEMPERATURE LOG DATE TEMPERATURE ADJUSTMENTS V k,11 PHARIk. lb. May 21, 2008 NC DENR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Permit NC0004812 Signatories to Permit Applications and Report To Whom It May Concern: In Accordance with State Law we would like to delegate our Environmental Manager, James Davis to sign our Pharr Yams LLC permit requests, monthly monitoring reports, and other correspondence concerning this NPDES permit. Sincerely r F d Erickson Chief Financial Officer Cc: Ms. Marcia Allocco Division of Water Quality Pharr Yarns,LLC • 100 Main Street • PO Box 1939 • McAdenville North Carolina 28101-1939 • Phone 704.824.3551 • F WATF Michael F. Easley,Governor \O�0 ROG William G.Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 111 . Coleen H.Sullins,Director • > Division of Water Quality o May 21, 2008 W H COZARTREC L: NED PHARR YARNS INC PO BOX 1939 MC ADENVILLE NC 28101 MAY 2 3 2008 SUBJECT: Payment Acknowledgment Civil Penalty Assessment NC DENR MRO Pharr Yarns Industrial WWTP Permit Number: NC0004812 DWO_Surface Water Protection Case Number: LV-2008-0150 Gaston County Dear Mr. Cozart: This letter is to acknowledge receipt of check number 215728 in the amount of$2,331.20 received from you dated May 14, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-733-5083, Ext. 547. Sincerely, Dina Sprinkle cc: Central Files Regional Office Supervisor One No Carolina ,Natitrally 1617 Mail Service Center Raleigh, NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Pharr Yarns, Inc. Facility: Pharr Yarns Industrial WWTP County: Gaston Case Number: LV-2008-0150 Permit Number: NC0004812 ASSESSMENT FACTORS 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; The effluent daily maximum fecal coliform concentration was 7,280 CFU/100 mL and 6,000 CFU/100 mL on December 5th and 12th respectively, which exceeded the permit limit of 400/100 mL. The BOD daily maximum permit concentration was 257.0 lbs/day on December 19, 2007, which exceeded the permit limit of 181.0 lbs/day. The effluent fecal coliform monthly geometric mean was 1,601.3 CFU/100 mL, which exceeded the permit limit of200 CFU/100 mL. The effluent BOD monthly average concentration was 116.7 lbs/day, which exceeded the permit limit of 113.0 lbs/day. The effluent COD monthly average concentration was 673.3 lbs/day, which exceeded the permit limit of 475.0 lbs/day. 2) The duration and gravity of the violation; The fecal coliform daily maximum permit limit was exceeded by 1,400 and 1,720% on December 5th and 12th. The BOD daily maximum permit limit was exceeded by 41% on December 19, 2007. The effluent fecal coliform monthly geometric mean was exceeded by 700.6%. The effluent BOD monthly average was exceeded by 2.8%. The effluent COD monthly average was exceeded by 41.7%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as no monitoring was completed. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. BOD is treated as an in-stream toxicant by the State of North Carolina because it is an oxygen-consuming waste (as is COD) and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been 14 CPAs against Pharr Yarns, Inc. for the Industrial WWTP during the life of the permit with four CPAs issued in the past twelve months as detailed below. Case Number Description LV-2008-0095 $581.20 LV for fecal coliform and total suspended solids. Penalty was paid in full. LV-2008-0021 $833.89 LV for COD. Penalty was paid in full. LV-2007-0489 $1,083.89 LV for BOD. Penalty was paid in full. LV-2007-0190 $581.50 LV for fecal coliform and COD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $81.20. V// ODY ` 6 1 Date RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Permit: % MRs Between: 12 2007 and 12-2007 Region: Mooresville Facility Name: % Param Name: % County: % Major Minor: % Report Date: 04/07/08 Page: 4 of 14 Violation Category: Limit Violation Program Category: NPDES WW Subbasin: % Violation Action: % PERMIT: NC0004812 FACILITY: Pharr Yarns Inc - Pharr Yarns Industrial WWTP COUNTY: Gaston Limit Violation REGION: Mooresville MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE CALCULATED VALUE J,&jee VIOLATION TYPE VIOLATION ACTION 12 -2007 001 Effluent BOD, 5-Day (20 Deg. C) 12/19/07 Weekly Ibs/day LIMIT r 181 /257 �{t`f Daily Maximum Exceeded None �bLJ 12 -2007 001 Effluent BOD, 5-Day (20 Deg. C) 12/31/07 Weekly Ibs/day '113.4 ''��o�� /116.67''vY�Monthly Average Exceeded None — 1 G 12 -2007 001 Effluent COD, Oxygen Demand, 12/31/07 Weekly Ibs/day V 475 J673.3341. J Monthly Average Exceeded None •- *7: K0 Chem. (High Level) 12 -2007 001 Effluent Coliform, Fecal MF, M-FC 12/05/07 Weekly #/100m1 �400 7,280 t?' Daily Maximum Exceeded None�- Broth,44.5C 12 -2007 001 Effluent Coliform, Fecal MF, M-FC 12/12/07 Weekly #/looml �� ,/400 6,000 kj+Daily Maximum Exceeded ✓ / None Broth,44.5C Coliform, Fecal MF, M-FC `1200 L�, Geometric Mean 12 -2007 001 Effluent Broth,44.5C 12/31/07 Weekly #/loom[ 1,601.29 ✓ .,G��`�'onthly T' Exceeded None&''_+X_�_ _1—,, PERMIT: NCO020036 FACILITY: Town of Stanley - Lola Street WWTP COUNTY: Gaston REGION: Mooresville Limit Violation ��"r- �`�"�— 0 1 MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 12 -2007 001 Effluent Chlorine, Total Residual 12/06/07 2 X week ug/I 28 80 Daily Maximum Exceeded None ° Pharr Yarns Inc., VVWTP December 2007 DMR Geometric Mean Calculations , •12/5/2007 7280 12/12/2007 6000 12/19/2007 94 • Monthly Geo.Mean 1601.2906 1 NArF / L cep/ �� qp Michael F.Easley,cemor William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Q < Ce , lc DivisionolenH.ofSullins WaterDire Quality April 28, 2008 CERTIFIED MAIL 7007 1490 0004 4505 7223 RETURN RECEIPT REQUESTED Mr. William Cozart Vice President of Engineering Pharr Yams, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LV-2008-0150 Dear Mr. Cozart: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,331.20 ($2,250.00 civil penalty+ $81.20 enforcement costs) against Pharr Yams, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for December 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yams, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yams, Inc.: pv►A �/�, N°��°��`nnCarolina NCDENRNaturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recyced/10%Post Consumer Paper $ 500.00 For 2 of the two (2)violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. $ 750.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 0.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812,by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 750.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for COD. $ 2,250.00 TOTAL CIVIL PENALTY $ 81.20 Enforcement costs. $ 2,331.20 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office.of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 0.-13fta7r (Date) o ert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0150 Outfall Date Parameter Reported Value Permit Limit 001 12/5/07 Fecal coliform 7,280 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 12/12/07 Fecal coliform 6,000 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 12/19/07 BOD 257.0 lbs/day * 181.0 lbs/day(Daily maximum) 001 12/31/07 Fecal coliform 1,601.3 CFU/100 mL * 200 CFU/100 mL (Monthly geometric mean) 001 12/31/07 BOD 116.7 lbs/day 113.4 lbs/day (Monthly average) 001 12/31/07 COD 673.3 lbs/day * 475.0 lbs/day(Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2008-0150 Having been assessed civil penalties totaling $2,331.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 28, 2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0150 Assessed Party: Pharr Yarns, Inc. County: Gaston Permit Number: NC0004812 Amount Assessed: $2,331.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, 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-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. 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-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) ,,, APR 3 0„7108 April 27, 2008 Mr. Rob Krebbs LTWQ-Surface r;A ,'T r� �11 NCDENR Surface Water Protection 610 E. Center Avenue, Suite 301 Mooresville,NC 28115 Re: Pharr Yarns, LLC Space Dye Plant COC No. NCG170360 Mr. Krebbs, This letter is in response to a spill into the storm-water drains at our Space Dye facility that was observed on April 24,2008 during an annual storm-water inspection. On 4/24/08 inspectors Wes Bell and Donna Hood observed a foreign substance discharging from a storm drain during a routine inspection. I notified the plant engineer, Mr. Jimmy Simpson, of this discharge. He located the source of the spill, a leaking yarn finish pump, and immediately stopped the discharge. A team of maintenance personnel were then dispatched to clean up the spill. All finish was pumped out of the spill way in to 55 gallon drums which will be emptied into our wastewater treatment plant. The yarn finish was able to reach the storm drain via a crack in the concrete floor and enter the drain under the plant. A temporary patch was placed on the crack to prevent further spillage. A permanent repair of the floor will be done the week of 4/28/08,to insure this doesn't happen again. If you have any question please feel free to contact me @ 704-823-2310 or 704-813-9342. espe tfully, es L. Davis Environmental Manager Pharr Yarns, LLC v ry mlcnael r.tasley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Uy � > r Golsen H.Sullins,Director p j - ♦.� Division of Water Quality April 1,2008 REcEivED MIKE CHURCH PHARR YARNS INC PO BOX 1939 MC ADENVILLE NC 28101 APR 3 2008 • SUBJECT: Payment Acknowledgment NC DENR MRO Civil Penalty Assessment DWO-SJr face Water Protecti Pharr Yarns Industrial WWTP On Permit Number:NC0004812 Case Number: LV-2008-0095 Gaston County Dear Mr. Church: This letter is to acknowledge receipt of check number 213881 in the amount of$581.20 received from you dated March 26, 2008. This payment satisfies in full the above civil assessment levied against the subject facility,and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L. Sledge at 919-733-5083,Ext. 547. Sincerely, jiorzLja, Dina Sprinkle cc: Central Files Regional Office Supervisor I�o��`�tthhCarolina 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 "'tura/I Customer Service 1 800 623-7748 \pF W AT�R4 Michael F.Easley,GobP William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 'IAN/ Coleen H.Sullins,Director Division of Water Quality March 11, 2008 CERTIFIED MAIL 7007 1490 0004 4505 7001 RETURN RECEIPT REQUESTED Mr. Mike Church Environmental Engineer Pharr Yarns, Inc. 100 Main Street McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0004812 Pharr Yarns Industrial WWTP Gaston County Case No. LV-2008-0095 Dear Mr. Church: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $581.20 ($500.00 civil penalty+ $81.20 enforcement costs) against Pharr Yarns, Inc.. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for November 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0004812. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pharr Yarns, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0004812 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Pharr Yarns, Inc.: A FA NA5thCarolina NCDENR ,Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterctualiiv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 250.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0004812, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids. $ 500.00 TOTAL CIVIL PENALTY $ 81.20 Enforcement costs. $ 581.20 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. 143B- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File 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 Hearings within thirty(30) days 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 Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 3/11/OK ///:?-e 6 �(Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0095 Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 2,140 CFU/100 mL * 400 CFU/100 mL (Daily maximum) 001 Total suspended solids 314.0 lbs/day * 249.7 lbs/day (Daily maximum) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PHARR YARNS, INC. ) STIPULATION OF FACTS PERMIT NO. NC0004812 ) FILE NO. LV-2008-0095 Having been assessed civil penalties totaling $581.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 11,2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2008 BY ADDRESS TELEPHONE