HomeMy WebLinkAboutNC0023442_LV-2020-0337 CPA_20201123ROY CP0rfP
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5. DAMEL SMITH
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Certified `tall # 70172680000022195263
Return Receipt Requested
NON ember 23. 2020
Ora Kendall Adams
Southern Veneer Specialty Products LLC
PO Box 279
Fitz+aerald, GA 31750
SUBJEcr: Notice of Violation and .•lssessnleilt of Civil Penalty
for Violations of iNorth Carolina General Statute (G.S.) 143-2I5.1(a)(h)
and tiPDCS WW Permit No. NC0023-1-12
Southern Veneer Specialty Products LLC
Moncure Plywood
Case No. LV-2020-0337
Chatham County.
Dear Pennittee:
This letter transmits a Notice of Violation -in([ asse5snlent of ci%if penalty in the aniount of S 143.95 (S 100,00 civil penalty
+ S43.95 enforcement costs) against Soutlierl Venccr Specialty Products LLC.
This assessment is based upon the following, facts: a rep ic«- has been COMILICted OF the Discharoc Monitoring Report
(I)MR) submitted by Southern Veneer Speci�llty Pro(ILECIS 1-1-C for the month of June 2020. This review has shown the
subject facility to be in violation of the discharge limltationi and. or monitoring requirements found in NPDL'•S WW Pernttt
No. NC0023442. The %violations, Which Occurred in June 2020, are sLlnlimarized in Attachment A to this letter.
Based upon the above facts, I conclude as a platter of law that Sotthern Veneer Specialty Products LLC violated the
terms, conditions or requirements of NPDFS WW Permit No, N00023442 and G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maxi mum; cstabli-die, by G.S. 143-215.6.1(a)(2), a civil penalty
may be assessed against any person who violatc, the term,, condition, or requirements of a permit required by G.S.
1 13-215.1(a). ~
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Based upon the above Findings of fact and conclusions of la«, and in accordance with authority pro%ided by the
Secretary of the Department of Environmental Quality and the Director of the Division or Water Resources, I, Vanessa F.
Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the folio« in�g, civil penalty assessment against
Southern Veneer Specialty Products LLC:
S100.00 1_ of 2 violations of G.S. 143-215.1(a)(6) and Permit No. `C0023442, by cfischargitr=waste Hater
into the waters of the State ill I i0lation of the Permit Daily Maxlnullll for Loliform. Fecal M .
LNIFC Broth.44.5 C
S100.00 TOTAL CIVIL PFINALTY
5-f3.95 f:nforcenlcnt Costa
S143.95 TOTAL AMOUNT DUI?
Pursuant to G.S. 143-215.6_\(c), In detennillln�g the amount of the penalty I lime taken into aCCO(1111 the I{lndin�,] Of fact 11nd
Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), «hick are:
(1) The degree and extent of harm to the natural resources of the State.. to the public health, or to prl" ate property
resulting from the violation;
(2) The duration and !arav ity of the violation:
(3) The effect on ground or surface water quantity or duality or on air quality;
(4) -file 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 v iolator in complying or failing, to comply vv ith programs ON er hich the Filvironnlental
Management Commission has regulatory authority; and
(S) The cost to tilt: State of the enlorcerttettt piocedwen.
Within thirty (30) (lays of receipt Of this notice, VOU Inuit (10 one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written rcgucst for remission. OR
(3) Submit a written request l'(-)r an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be male directly to the order ofthe Department of L•n%lronnlental (")(l.11ity (ek} lrot h0lldl! n(lil'01'
form). Payment of the penalty will not foreclose I'milter enforccmetlt action far any cotltlnumu or new violatloll(s).
Please submit payment to the attention of:
Waste« atcr Branch
Div ision of Watcr Resource;
1617 Mail Sm ice Centel -
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the cis it penalty ISSCSSOLI, 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 regUeat forecloses the option of an administrative hearing.
such a request must be accompanied by a waiver of your right to an administrati% e hearing and a stipulation and
agreement that no Factual or Legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed belo«.
In determining whether a remission request will be approved, (fie following, factors shall be considered:
(1) whether one or more of the ci%it penalty assessment factors in i\;CGS 14313-21S2.I(b) was wrongfully
applied to the detriment or the petitioner;
(2) whether the violator promptly abated continuing, environmental dama2c resul-.iI12 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 preN ent payment for the: remaining necessary remedial actions.
Please note that all evidence presented in support of y our request for remission must be submitted in writing,. The
Director of the Division of Water Resources will re% ie%� your evidence and inforn, yOU of ills decision to the matter of
your remission request. The response will prop ide details re�,ardlng the case stdWs, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commissions Committee on CiN it Penalty
Remissions (Committee). Please be advised that the Cornilllttee Unnot Consider information that was not part of the
ori4_inal remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorou�_]l statement in support of your request for remission.
In order to request „remission. you must coal fete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing and Stipulation offacts" form within thirty 30 days of recei t of this
notice. 'rhe Division of Water Resources also rc nests that you cunt IClC and SUbllllt the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following, address:
Wastewater Branch
Division of Water ReSOUNCS
1617 Mail Service Center
Raleiuh. North Carolina 27699-1617
Option 3: File a petition for Jul administratiN a hearin13 «ith the Office of Administrative Ilearinsys:
If you Wish to contest any statement in the attached ahsessment klOCllinent you must rile a petition for an administrative
hearing. YOU may obtain the petition form from the Office orAdnninistratke Ilearin,_';. YOU [mist file the petition with
the Office of Administrative Hearings within thirty (30) days ofreceipt of this notice. A petition is considered filed
when it is received in (lie Office of Aclininistrati�c I learimb durim, normal office hours_ I -lie Office of Administrative
Hearings accepts filings Monday through Friday bcmeen the hours of 5:00 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 (" ith restrictions) - provided
the sinned ori4ginal, one (1) copy and a filing fee (if a Jilin+, fee is required by \'C'GS § 13013-23.2) is received in tile'
Office of Administrative Hearings within seven (7) bLbillC,S days follo%k ins, the fared or electronic transmission. YOU
shguld contact the Office of Aclministrativ_c_I Iearint_,s �%itkl�� itll �i, ll .questions rep ard�ns, the filing fee and or the delails Of tilt
fiIin<_= process.
]'lie mailing, address and teleplione and faIX Ilunnbers for the Office; of Administratke I Icarings are as follows:
671.1 Mail Sei� ice Center
Raleiuh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919)431-3100
One (1) copy of the petition must also be ser,, cd on DLQ as follows:
Mr. William F. I_alic, General Counscl
Department of En%ironmcntal Quality
1601 Mail Service C'ellter
Ralcisuh, North Carolina 27699-1601
Please indicate; the case number (as found on page One Of thiS letter) oil the petition,
Failure to ererciae one ofthe options above within thirty (30) clays of receipt ot'this letter, as e� idenced by an internal
date.timc received stamp (not a postmark), will result in this [natter berms, referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additionat penalties rna% be assetiscd for � iolation,
that occur after the review Period of this amse,sment.
If you luwe :illy Llustlolly, please Contact Client-, Lhailu %vith the Dlviz ion ell Weater RCiOUrces staff of the Ralciuh Regional
Office at (919) 791-4200 or via cillail at chcii i,A mnu'cr tickle nr.Lov.
Sincerely'. A/
Vanessa E. Manuel, Assistant Regional Supers isor
Water Ouality RC2i0nal Operations Section
Ralcis h Resuional Office
Division of Water Rcsourcei. NCDI:O
XI TACT IMIa1TS
Cc: WQS Raleigh Regional Office - Enforcement File
NIMES Compliancc/Enforcement Unit - Enforcement file
i hrnr{irtir
JUSTIFICATION FOR RE.MISSiO` RE UEST
Case Number: L`'-2020-0337 Counh : Chatham
Assessed Party: Southern Veneer Specialty Products 1-1_C
Permit No.: NCO023442 :mount Assessed: S 143 U
Please use this form when requesting remission of this civil penalty. You must also cotllplete the "Reiluest For Ra.'m svion,
Il irirc'I• of'Right to urr r1 dnlilri.�trcttirC lleurilrg, crlltl Stilurlcrtivrr oJ'Fucts" ionn to request remission of tlis eivi[ penalty.
YOU should attach any documents that you believe support your reque-st 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 reasonablenes Of•the amoullt Of the ci%if 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 docutllent. PUr.,ifant to N.C.G.S. § 143B-2S2.1(c), remission of civil
penalty may be granted only when one or more of the lollowin« five factors apply. Please check each factor that yo,l
belie%e applies to your case and provide a detailed explanation, lllclUdill!' copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty a.4SeSSIllellL factors in N.C.G.S. 14 313-282.1(b) "ere wrongfully applied to the
detriment of the petitioner (tire ass esSI7lt4it. fileto)S are list,:d in the c•ivill)ettulty assessnlcnt dorrullerlt);
(b) the violator promptly abated continuing environmental cLiniage resuitin fi•olll the "iolatioll (i.e-, e_sfrluin the
stelrs that l•ou took to correct the violation ,Ili/ t�rel c'rtt future' OCCUITOICc-O'
(c) the violation was inadvertent or a result of an accident (i.e'., c vl)Icrifl +rift• the violation uva.s anavoiduhle or
something you couht not 1we] ent Ol'l,'re171rre 1U1�;
(d) the violator had not been assessed civil penalties for any prey ions viO[atiOils.
(e) payment of the civil penalty will prevent payment for the remaining' nece„ary remedial actions (i.e., e'.t1ilairl
holl'1)C'vincitt of the' civ llviialtl' ivill prevent l'UII fYoi1I l)e!'�OI'JIIIII� the cli tlh'tldes IreCc.sscu}• to achieve
cutulllicrll�'e).
1?XPL k.N,kT1O :
STATE Oh NORTII CAROLINA 131-PARTMI-NT OF F.NVIRON'MEN TAL QUALITY
COUNTYOF ClIATIIANI
l'N''11fE ifA'ITl.R OF ASSESS.IENT } WAIVER OF RIGUT TO _ N
OI: CIVIL PENALTIES AGAINST ) ADMIMSTRATIV1? HEARING AND
} STIPI_'L;1` ION OFF.ICI-S
Southern Veneer Specialh- Products LLC )
Moneure Plywood )
}
PERMIT NO. NNC0023442 CASE NO. LV-2020-0337
I Ia�im-, been assessed ci\il penalties totaling S143.95 for eiolation(s) as set forth in the assessment document of the Division
of 'V%titer Resource; dated November 23. 2020, the Undersigned. desiring to seek relllis5ion of the civil penalty, does llereby
ai%e the riglit to an administrative hearings in the abo%e-,tated matter and does stipulate t141t the facts are as alleged in the
assessment document. The undersigned further understands that all e,.idence presented in support ot-remission of this civil
penalty must be submitted to the Director of the Dig ision of WiIter ReaOUrce, XN itlyin tl11111. (30) days of receipt of the notice
oI assessme[lt. No netr evidence in support of a remission request will be allo«'cd alter (30) days from the receipt of the
notice of assessment.
This the da%• of ?a
----- ----- -- S[t_]\-1l URE�-- -
ADDRESS
TFLI-111I0ti1:
ATTACHMENT A
Southern Veneer Specialty Products LLC
CASE NUMBER: LV-2020-0337
2ERMIT: NCO023442
REGION:
Raleigh
FACILITY: Moncure Plywood
COUNTY:
Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date MonthlYr Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
6/16/2020 6-2020 Coliform, Fecal NIF,
Weekly
"/100m1
400
2,420 505.0
Daily
$100.00
NIFC Broth, 44.5 C
Maximum
Exceeded
6/30/2020 6-2020 Coliform, Fecal MF,
Weekly
#!100ml
400
410 2.5
Daily
SQ,00
MFC Broth, 44.5 C
Maximum
Exceeded
C/3
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