NC0004812_Regional Office Historical File Pre 2018

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman
Governor Director Secretary
April 3, 2012
Mr. George Altice, Director of Corporate Engineering
Pharr Yams, LLC
P. C. Box 1939
MeAdenville, NC 28101-1939
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO004812
Pharr Yams WWTP
Gaston County
Case Number Lip- 2011-0183
Dear Mr. Altice:
On June 30, 2011, Pharr Yams, LLC was assessed a total amount of $960.06 for violations of NPDES
permit effluent limitations that ' occurred during March 2011. On August 1, 011, the Division of Water
Quality received your check in the amount of $2 10.06, representing payment of the penalty assessed for
a daily maximum limit violation for total phenolics, along with enforcement costs assessed in the matter.
A remission request was submitted with regard to the remainder ($750.00) of the assessed penalties.
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 mid decided to remit the entirety of the $750.00 in remaining civil penalties associated with
this case. This decision hereby closes our case LV-2011-0183. A copy of the Director's decision is
attached.
Thank you for your cooperation in this matter. If you have any questions, please contact Bob Sledge at
[phone], or via e-mail at [e-mail].
mo
cer ly,
I -
John E. Hennessy, Supervisor
Compliance & Expedited Permits Unit
Mooresville Regional Office — SNVP Section
Enforcement File
DWQ Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Locafow 512 N, Salisbury St Raleigh, North Carolina 27604
Phow 919-801-6300 k FAX: S`IM07-6492
lnternet,, wwncwatefquality.org
An Equal Opporwity', Affinafive Achon Employer
One
NYT6hCarolitia,

DIVIS110N OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case'Number: 1, - 011- 11 Region: ion: Mooresville i le County: Gaston
Assessed Entity: Pharr Yarns WWTP Permit: l*a tltltl 1
l (a)Whether one or more of the civil penalty assessment factors:were wrongly applied In the
detriment of the petitioner:
(fir) 'Whether the violator promptly abated continuing environmental damage resulting from
theviolation-
Ej
(e) Whether the violation was inadvertent or a result of an accident:
The fdciliq, provided documentation of split sample sulfide analyses perfortrrcd by a different laboratory,
using a different method than that used by its regular laboratory. The results of the supplemental testing
indicated no detection for the parameter. Additional, intentional testing indicated matrix interference may
have yielded false positive results from earlier sulfide testing: Since changing at 4lods, all results hive
been compliant with the pert -nit limit.
The information prt a i t i5t, the permittee casts doubt on the a crlir i t r, era de data reported.for 114arc
11, such that the, do not provide syf
ficient basisfor a eivil, en ally casseshsnient
(d) Whether the violator had been assessed civil penalties for any previous violations:
9 civil penalties avers assessed against this./ acility,, during thefive ye rs prior to this as,se srnent
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied El
Full Remission 11 VIS e�tain l nforcement Costs` yes oPartial l ern�ssion(Enter Amount)
zf
Charles Wakild Date
rep 10 a 31 09

J"
NCDENR
North Carl -Ana Department of Environment and ur � Resources
Division of Water Quality
Beverly
Eaves Purdue oleen , Sullins Dee Freernarrt
Governor
Mr. Gorge Al ice, Director of 'orpor'atc E."ngirrcc.ri€alt
Pharr `r`rtar ns, LLC`.
Post Office Box 193
"\lc: denville, North Carolina 8101-193
SUBJECT-1 Noticc° cat" Viot ation rand Assessment crl' t `i it
craa tv 1`crr'Violations cal' N,C. tc neratl Statute
14 3-2 l = l (ar)(6) and NPOES P rtrait o, �i{.;,"ttt`tdl its 1
Pltaarr Yarns Industrial W WI
Gaston County
r "nse No, I. 011 01 8:I
)gar Mr. Alticcr
1 his lnttc.t, tr-aan:lni is as Notice ral' Vicrlatictrr and assessment of civil P enarlty in [rrc: trrraount of
$960,06 ($8'75.00 civil penalty r 8-06 enforcement costs) a< .t,.ast Pharr Yarns,, l ,l st. ,
1 his wasp;essrrrrarrt is based capon the f(, lIoN iail facet Are €c °,has l.rc�t`ra i4c.araakla.,CLed k4the self-
mcarajtctring data reported for.march 2011. This review has slog ra the sralajtect lirc°ilitV t be in vioLltir'trl
n t ll)e discharge limitations Lions i'aiund in.. NPI) I Permit No. l tq`lt0 041 i . ' h § aro s:arrnmar-i aad
in Attaclarnc,rat A to this letter,
Rased rtlron tltc• above Flac ls. 1 conclude ars .a ra attr:r of Jaw that 1harrrr Yarns, LLC violartcd the
ternis, ccaraaclitiorrs, or requircar Tents cal l l'l)S Permilk No. C."0004812 and North Carolinii t, encar,'d
Statute (t ,S,) 14 -? 1 51(<.a)t try in the mr ,.)roar- aarrcl eNACTrt shmvn In lnt ac i rarenf A, A civil pcnaaitl, nvty
he assessed in a ccordaarac,c with Ole ra raa:arats e,,saablisr.ed bv GS; 1 1 , 21 6A(f at(ic)•_
lr,.;ed a p(r rt the above findin,,s4 crl lic.t amd COTI JUSictns ofla % , arid kr eta°t°or(J :,,ce with authorit `
provided by the Secretary of tlr(° 11 e aariaatcrrt Tat" l ri irotrrr ent and Natural 1 caSOL1r°sac,., attrcl the Director
of the Division ofWater Quality, lr \, aarciaa floc::ccr, Surface Water Protection Actim., Rec,ionaal
Supervi:tt."rfor ttata ,\4O T'eSVj lie, lle`..=icatr, herel N, make tlaa halls NVITW LlVil pen,,,alty aa'sses:,at ent against
Pharr Y ::rr s, l ,l C
P1 cmo ( ) k Fax i 04tt7ae 0air .. ::S 1 ., w._w �6, 48
r �w t.a 1 _aY'.
�., �i j".... ;„ .,} 3-a.,s. r.� �i s lq I,...D_r
om,
jt)tir"ttltt.

k
Y�
_,
�'�,tttl f;`car I of the one 1 violation of'G.S. 43-2 l 50-1 (;a)ttrl ,.arac
NPI)ES Permit No. NCtsr.t0481 2 by riischaar,: ing waste fratca the
In
,,aaters of the State in violation of the permit daily maximum
eff"luont limit for folaal plienols,
I; 1 ,irt t,'crr. 1 of the one (f ) VICilatiOn rrf'Gt `� 1 1_, . f f ~�.1 t`t 6 and
t t.a��
NPDE' Permit No, lit"0[)04812, by discharging, %�N,astc Into the
wattorar of the State in violation of the perrrait dailv maaxiia un-t
etf aaent limit For aralf de.
625.t3f) For i of the one (1) violation of G.S. 143-215.1(aa)(6) and
1'S, ES Pernin No. t `fit 0481'�', bv a:lischareirw,, v"aste into the
waters of the State in viotaation ofthe trernait rrttanthly° average
crl`I trcrai limit for artrlfi&,
.. _75,00.....: TOTAL CIVIL PENALTY
5 tit
l:ralorcenaent c,ttt.
060,06 TOTAL A`.\,10UNT DUE
I uraara nt to G.S, 143-215,6A(c), in detert-nining the rat-n of rat of the penalty I have taken into account the
Finrlirag's of. Fact and tF.'orrchasion aaf' L aw and the factors sat, 1'(,,)rth at t.t,S, 143B-282.1(b), which are-.
(t) The degree and extent of h arin to the rtatt.tr,al resources ofthe State, to the 1?t.rlalic health, or to
private property resulting from the violations;
(2) The duration and gravity of the vic�latioms
() :1`Ire effect on ground or surface water qu antit 'tar quality or on air quality-
(4) l he cost of rectitying the araarrc
() `I lie amount of nioney waved by nonc rarlaliartice',
(6) NVIether the violauons were ctanarraitted xilifaally or intentionally,
(7) The prier record of the violator ire ccanalall ira.ff or failing to comply with pro r°aanis, over which
1aa: I :rar=ir c.rraraacrat a1 f 'l:araaz c rrac rat t `caromission has regulatory aatathorityt and
() The cost to the State of"the eaa(fare-eraaent procedures,
Within thirty etas nt receipt of this nottc(,.r, Vcatt MUM 0 tartak Of tile frallctNNiug;
Submit p; yrrtent ratites taeWdtl:
laaavnierat r boulal be made llrec:.tty to the, order caf flee: Department of I'.rrvirarrarr ent and MLural
Retrcrtrr.es trfra rrot ir£zchicfra aV(,' rva°rwt'a.riwO Payment ofthe penatltf will not fiaree.Iosc, further
enforc.a:r ient action for .artf, continuing or now violwation(s).
Please SLIbraa>t payment to the attention of';;
Mitt Source, f°r�rtaa�li;.€trc.tr/l�.rtfnt��ra�aa°ttt Unit
Division of N� `aaterr Qrrarlity
1617 Mail Service Center

Raleigh, North Carolina 211699-1617
nit q w tten request for remission including as detailed iusfification for such reonest-
lase varc are recluest fiff IVI'llISS1011 is linnted to con��icleraii Pebe won ofthe five I'ZICtors listed
beloNv as they may relate to the reasonableness of the arnonnt of the penalty assessed, Reqtlesting
remission is not the proper procedure for contesting NN-hether the, ViOlati(TI(S) OCCUrred or the aCCLII',]Cy
ofany of thefactua] statements contained in the civil, penalty assessment d0cumeia, Ilecause at
remission request forecloses the option ofan administrative hearing,, such as reque,,it akrza t be
accornpanied by a vaiver ofyour right to an administrative hearing and as stipulation that no factual or
legal issues are in dispute. lllea:se prepare as detailed statcrrient, that esv'ablishes \,, hy � ou belleve the
civil penalty should be rernitted, and submit it to the Division of i,V'ater Quality at the address listed
below. In (jetermining whether a ren',,issic)n request will be approved, the foflowing factors shall be
c.onsidered-
(11 whether one or more of the civil penalty assessment factors in G,S, 14313-1282.1(b) were
wrongfally applied to the detriment of the petitioner;
(2) whether the violator proniptly ab.ated continuing environruental dani�ige resulting frorn,
the violatIM".
() whether the violation was inadvertent or a result oCan accident,-
(4) whether the violator had been assessed civil penalties for any pro% tous violations, or-
(5) whether payinent of the civil penalty will prevent payment for the remaining necessary
rMledi,:d actions.
Please note that all information presented In support cal' Nagar request for reinksion must be
submitted in xr-Ifing. The Director of the Division of Water Quality will review your (,vidence and
infor-ni you of his decision in the matter of your remission request. The response will provide details
regarding case status., directions for payrnem., and provision for further appeal of the penalty, to the
Environmental Management Coanalk'SiOJI'S Corrunittee on Civil llenaltw ReMiSSiOTIS (Cornroittee),
Please be advised that the Conimiltee, cannot consider inft'n-mation that WI�V� not part (A the original
retnission request considered by the Director. Therefore, it is very important that you prcparc as
cornplete and thorough staternent in supp�.,rt of your reqLICSt t()r remission.
In, order to request rcniissiori, you must complete and subirtit the en !lased "Waiver ot'Right to
an Adrnuirstrative I �e,,iring and Stipulation of 11'acts-" form vwithjn thirty (30) da ' y's of receipt of thIS"
m4ice, The Divisiwi of WatcT Qtr�afily also lvquz�e',,sts. 1hat you coniplete an(� subniit the enclosed
"Justlllc�o'ion' 1"or 1(�'�rwission Reqtlest�" Both fionns should be subriifltecl to flis� addressl•
Iloint Sourcc C o III, III ia T-1 cel/En Io rce [ nel"I I I,xnit
Dwision ofWatts r QuaHi'y
16 17 Ma 1 1 Service Center
Ra,leWfl-i, North Carolina 27 "1769 9-] 617
am
3. File a petific)n for an administrative hearing with the Office (If' 'Af"fininistrative flea rin'gs:

If you %vish to contest arly statement in the attached assessment document you must file a
petition foran administrative hearing, You may obtain the petition form front the Office of
Administrative Hearings. You niust file the petition with the Oft -ice of'Adr-ninistrative Hearings
within thirty, (30) days of receipt of this notice. A petition is considered filed when it is received in
the Office of Adi-ninistrative. T-Te,,,'iritogs during rionnal office liour,,. Tbe 011-ice ofAdministrative
y -n, -00 p -i.,
I learin( s accepts filing,,,,, Monchi-), ffirclugh Frickr� betwccl) flic� hours of 8:00 a,j and 5ii
except for official state holidays, The petition may be tiled by fibeslinfle (tax) or electronic mail by sin
attached Me (with restrictions) - provided the signed original., one (1) copy and as filing fee (if as filing,
fee is required by NCGS §15013-21`2) is received in the Office of Administrative flearings within
seven (7) business days following the laxed or electronic transmission, You should contact the,
Office of Administrative Hearings with all questions reo- - y ' arding the filing fee and"or the detaofh ils te
filing process. The mailing address and telephone and fax numbers for the Office (if Administrative
Hearings are as R-Alows:
Office of Administrative llearings,
6714 Mail, Service Center
Raleigh, NC 27699-6714
Tel: [phone],Fax: [phone]
One (I ) copy of the petition, most also be served con, DENR as lbllows,:
Mary Penny Thompson'. General COUns'el
D E'-N, R
1601 Mail Service Center
RaleiC�ph, INX 27699-1601
Please indicate the case number (as 1-bond on page one of this letter) on the petition.
Failure to exercise one cat` the options above within thirty (30) days of receipt, of this notice, as
evidenced by an internal datel"time received stainp (not as postinark), will result in this matter being
referred to the Attorney Cleneral's Office fior collection of the penalty thi,ough as civil actioll.
Please be advised that additional penalties inay be assessed l'or Niolations that occur after the
rcview period of this assessment, If the violations are ol'a continuing nature, not, related to-pli z afion
at nialriteliance. jsr°Qtltqglsand -cou antic ate remedial constnicti011 act iv iti esjhe�ij !, parr III ay wi all
to consider appLvj-qgjJ )ra-$ jW�i -qL -,,-about this civil 11
asscans sment or a I Irde, t e�e, pasta ater -pnt, �t the WL Q)Lt,,-�jitv Section Staff of the
------ pL
Mooresville RegjDjqt_Qftjt,(704 663 - 16)ic)
Le
(Date)
N4arcia Afloeco—Actiiio Regional Supervisor
Surfiace NVater Protec,1011
N-looresvilic, Refiomal Oflica,
Di-vision of Water Qualitx

ATTACHMENTS
cc: Mooresville Regional Office Compliance File w"' aitiachaient
"cal,itt,n1 Files whatts clin°ients

A,rTACHMENTA
........-...- --
CASE NO.LV-201,1-0183
Outfall
Date
Parameter
Permit Limit

PrSTATE OF NORTH CAR011NA DEPARTMENTOF ENVIRONMENT
AND NATT-1-RAL, RF.S(X'TRCES
COUNTY OF GASTON
A I V FR 0I " 1i I (,,w I IT 1'0 AN
)F CIVIL PE" iNM'A'JkGA1NST lit %l1N1S1RAFlVFI 1EARING AND
PHARR YARNS, ITC STIPULA-HON OF FACTS
Pl"IRMIT NO, NCO004812
F ILE NOIV-220 11-0 18 3
Having' lac ray aes' sssed civil penalties totaling $960.06 f6iviofiation(s)as set ("orthIn the
c amen ssesst docurnent, of the Division of Water Quality- �(hlted Jinic 30 '17011, n
2014, the undersigned, desifita
A -
to seek rernission of the civil penalties, does hereby waive the right to an adryunist-rative hearing in the
above-statedniatter and does stipulate that the facts are asalleged in the assessment docunient, The
undersignedCurbs er understands that all evidence presented in ,,',upport of reinission of this civil
penaltymust be submitted to the Director of the Division ot'Water Quality within 310 days of receipt of
the notice of assessinew. No new evidence in support of as remission request will be alloxved after 30
days rrom the receipt of the notice of assessinern,
This the day of 2011
BY

JUST fficvriON FOR RENJISSION Rwt. Es,r
DWQ Case Number: L\,"-2011-018')
Asseswd Party: Pharr Yanis, 11
County: Gastorl
Perinit Number: IN,"CO00481 2
Arnount Assessed: $960.06
Please use this form when requesting remission of this civil penalty. You must also complete the
,F 73 , - - -1 rl-. -m-- -4, .- -- Vf.—.;— _4 "Vr I ..... fv"
form to request remission of this civil penalty. You should attach any documents t1flart you believe
support your request and are necessary for the Director to consider in evaluating YOUr request for
remission. lslea,;e be aware that a request for retnisqioll iS litulted LO consideration of the five factors
listed belo-w as they rna, relate to the reasonalhl�mess of' the aniount of the civil penalty assessed.
Requesting remission is not the proper procedure f'or contesting whether the violation(s) occurred or
the accuracy of' any of the factual staterflents containod in the civil penalty assessment docarnent.
pursuant to NIN.OIS. § 143B-2822,1(c), rearission of civil penalty inay be granted only, a,vhcl) one or
more of the following five fiactors applies. Please check each fiactor that you believe applies to your
case and provide as detailed explanation. inchhfirl�.I, copies of supporting documents, as to wIly the
factor applies (attach additional pages as needed"),
(a) one or more: of the assessment factors in N,C,G.S, 1-4"113-282,1( Ljv
le detrinient f
ycsytl II,v appdgLl,,L(� fl 0 J1 etitioner As i,,,zs',Vf,-sSrnerzt are listed in the civil
penalo" assessrizent docu.lnen);
(b) the, viol ator _pjg!jipjty abated continuing environmenlat dalligg resulj�rrzm.--i
yiolation (i.e., explain thestej)s thatyou took to correcl the violalion am',iprevent fiattre occztrreracer );
(c) the violation was inadvertent or a result of an, accident O,c,, e.iI.Vain why the violation
was unavoiclable or somlething you could not prevent or pre,.1wire
lolls violatto is,
(d) the violator had u,,ot been asesscd civ I )englties for u-
Lwliolls I.e,, prev
e. will ent ym,, f,'roni per -,,rming Me activities
xjr,�Iafn hois, pawni,,X 0017C CiVil J)en,Wt,�
necessaij? to achieve C0)7Ij)IiarICs)'-
EXPI,ANATION: (use as nece�sary)

NORTH CAROLINA I)IVISION OF WATER.QUALITY
ASSESSMENT FACTORS
Violator: Phqrr Yarn-sj1,,LC,'
Facility. Pharr Yarn,; Industrial WW'T'P
County: Gaston
Case Number- LV-2011-0183
Permit Number: N("0004812
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;
No harm to the environment has been documented,
2) The duration and gravii1v of the violation;
The total phenol loading of 3,3 lbs/day on March 16th exceeded the daily maximum permit limit of 2.6
lbs/day by 26,9%, The sulfide loading of 20.0 lbs/day on March grad exceeded the daily maximum
permit limit of 5.2 lbs/day by 284.6%, This single monitoring event resulted in a monthly average
sulfide loading of 5.7 lbs/day, which exceeded the permit limit by 120W
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. However, wastewater containing sulfides can lead to
the formation of hydrogen sulfide in water causing human health concerns and also toxicity to aquatic
organisms and fish. Phenol, when combined with chlorine, forms chlorinated phenolic compounds
with potential to taint fish tissue and drinking water, thus degrading taste and odor (organolepbc
concerns).
4) The cost of rcctifyiug the damage;
No damage has been documented
5) T he amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown, The permittee has been working to
identify the source of the sulfides in their wastewater and also to ensure accurate and reproducible
data from their contracted analytical laboratory,
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 is under a consent order by the EPA and is working with consultants and
DEN R to determine the source of sulfides in their wastewater effluent.

8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $85,06.
tit fir is Allocco, Acting Regional Supervisor
Surface Water Protection
Division of Water Quality

MONITORINGREPORT(MR) VIOLATIONS for; Report Elate 06114111 Page 3 of a
PERMIT: N O 4 1
A ILITY: Pharr "years Inc - Pharr "Yards Industrial WWTP
COUNTY: Gaston
REGION. Mooresville
Limit violation
MONITORING OUTFALL a"
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER
CRATE
FREQUENCY
MEASURE
LIMIT
VALUE
%OVER LIMIT
'ACILATION TYPE
VIOLATION ACTION
33 W 2011 001
Effluent Phenolics, Total Recoverable
0311 /11
Weekly
Ibsiday
2 b " "
3 3r,,'"
26.92
Daily Maximum Exceeded
None
03 - 2011 001
Effluent Sulfide, Total (as s)
03102111
Weekly
lbsIday
5.2 `'
20
284.52
Daly Maximurn Exceeded
Nona Tf
03 �2011 001
Effluent Sulfide Total (as °)
03/31111
Weekly
lbsIday
2.6 ,°
572 U,
120 'e `
Monthly Average Exceeded
Done )t t vm
1.
PERMIT: N1CO02003
FACILITY: Town of Stanley - Lola Street lN'tl"WTR
COUNTY: ton
e7
ville " w
REGION: Mooresville
Limit Violation
MONITORING CATFALLI
VIOLATION
UNITOF
CALCULATED
REPORT PPI
LOCATION P , ARAMETER
DATE
FREQUENCY
MEASURE SURE
LIMIT
VALUE
%COVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
03 _2011 001
Effluent Colfform, Fecal fw F, M-FC
0311 111
Weekly
#it30mi
400
147,
Weekly Geometric Mean
No rs
Broth„44 5
Exceeded
PERMIT: NCO0 11 1
FACILITY,, City of N3eNrrrrrrr - Belotiont WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORING OUTFALL d
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
%OVER LIMIT
VIOLATION TYPE:
VIOLATION ACTION
03 w 2f111 001
Effluent CoNiform, Fecal MF, M-FC
I1310sr11
5 C week
#1100MI
400
705.4
77,1
Weekly Geometric Mean
None
Erott1,44 5E
Exceeded