NC0035173_Remission Request TX-2022-0012_20220824

Wieland
August 24,2022
North Carolina Department of Environmental Quality Wieland Copper Products, LLC
Water Sciences Section 3990 US 311 Hwy N
Pine Hall, NC 27042
Division of Water Resources
1621 Mail Service Center Phone: (336) 00
Fax: [phone]
Raleigh, NC 27699-1621 [e-mail]
www.wielandcopper.com
Subject: Request for Remission
Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6)
NPDES Permit No. NCO035173/003 Wieland Copper Products, LLC RECEIVE®
Case No.TX-2022-0012
Stokes County AUG 3 0 2022
Water Sciences Section
To Whom it May Concern:
On June 21, 2022,Wieland Copper Products, LLC, received an Assessment of Civil Penalty for
Violations of NC General Statute 143-215.1(a)(6) Notice for violation of the discharge limits and
monitoring requirements of NPDES Permit No. N00035173/003.
Wieland's toxicity self-monitoring reports revealed that the average chronic value for the Q2-2022 to
be 75%which is lower than the chronic limit for the facility(90%).The facility has not met the NPDES
Permit requirements for toxicity in 003 since Q2-2021. In this letter I am requesting a remission of
the civil penalties because the violation was unintentional and inadvertent.In addition to incurring
significant costs to abate the toxicity failure in our effluent and return to compliance,Wieland has
spent considerable time and taken numerous actions to determine the root cause(s) of the failure.
While our actions have shown improvements to the discharge effluent,Wieland is still not meeting
the minimum 90%requirement.Wieland has also ensured NCDEQwas kept well informed of the
progress and has acted in good faith in our environmental protection efforts both historically and
during our mission to return to full compliance.
Summary of actions taken:
1. May 3,2021,Wieland was notified by Pace Analytical that Outfall 003 failed Whole Effluent
Toxicity Testing for Q2 taken in the month of April.An investigation was started to
determine the root cause and to prevent the toxicity failure in the future.The Incident
Investigation Report shows the complete history of the major corrective/preventative
actions taken to date(See Attached). Note*The failure coincided with the sale and
transition of R&A Laboratory to Pace Analytical (who utilizes Meritech for lab testing) and
the removal of our outdated Water Tube product line and associated machinery.The effects
to the quality of the effluent are undetermined, but testing/sampiing hasn't revealed any
major changes.To our knowledge the new lab is testing as required, but I feel these major
changes are worthy of note.
2. Wieland has contracted Pace Analytical to perform toxicity,heavy metals,PPA,and tank
study sampling on the various cooling water systems,holding tanks,influent,and effluent
streams of the processes in an attempt to determine the source of the toxicity.Total cost to
date of$17,737.50. No red flags were discovered through testing that would indicate a
toxicity failure and the sampling results were similar to historical sampling results.

9
3. Wieland has contracted environmental remediation companies to empty and clean the
cooling water tanks and pits at a cost of$45,706.45.
4. Wieland has started adding bentonite clay and activated carbon to the process to absorb any
toxins and aid in flocculation. Cost$4,090.00.Activated carbon trials have been concluded
to have zero effect on toxicity and have been discontinued since March 2022.
5. Wieland has completed construction and installation of an additional waste water treatment
plant which utilizes an ion exchange resin to remove copper at a cost of$529,751.27.Since
fully commissioning the new WWTP Wieland has passed toxicity.
6. Closed all blow downs from machinery influents and instead pump to totes.Then send out
totes via tanker trucks to segregate the cooling water only in our WWTP and sample (no
changes,still failed toxicity).
7. Wieland has consulted with leading water treatment engineers in our area for help in
determining the source of the toxicity,and so far all are at a loss as to the cause.
8. April 25,2022,new WWTP construction completed and system was operational.
9. May 2022, began system optimization on new WWTP.
10. On May 25, 2022, received notification from Meritech Laboratories that Outfall 003 failed
Toxicity at 67.5%for May's sampling which was a big improvement compared to April's
results of 11.25%.
11. June 22,2022,Wieland received notification from Meritech Laboratories that Outfall 003
passed toxicity at 94.9%for Junes sampling.
12. August 12, 2022,Wieland received notification from Meritech Laboratories that Outfall 003
failed toxicity at 77.9%for Julys sampling.
Wieland plans to reroute the treatment plant discharge back to Outfall 001 in October 2022 and
utilize 003 as a back-up if needed.Outfall 003 is classified as a no flow stream therefore the toxicity
concentration is set a 90%. Outfall 001 is not classified as a no flow stream therefore the toxicity
concentration is set at 34%.Wieland will notify NCDEQ in writing once the change has been made.
Wieland hopes NCDEQ is satisfied with our actions taken and will approve our request for remission.
If you have any questions please feel free to call me at(336)445-4526.
Best egprds,
ony 5 rinkle
Environmental &Facilities Supervisor

Da ;Sign Envelope ID:3646FD39-F8DF-4CB9-BC63-04D902344D4A
RECEIVED
AUG 3 0 2022
JUSTIFICATION FOR REMISSION REQUEST Water Sciences Section
Case Number: TX-2022-0012 County: Stokes
Assessed Party: Wieland Copper Products LLC
Permit No. (if applicable): NCO035173 Amount Assessed: 2,073.88
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reauest For Remission. Waiver offtht 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. 14313-282.1(b)were
wrongfully pplied to the detriment of the petitioner (the assessment factors are listed in
/ the civil penalty assessment document);
!1 (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:

D2r_uSign Envelope ID:3646FD39-F8DF-4CB9-BC63-04D902344D4A
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STOKES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Wieland Copper Products LLC )
NPDES PERMIT NO. NCO035173 ) CASE NO. TX-2022-0012
Having been assessed civil penalties totaling $2,073.88 for violation(s)as set forth in the assessment document
of the Director of the Division of Water Resources dated August 11,2022,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 Resources 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 /rat S f 20 Z y
SIGN T
ADDRESS
3M) ceS 3► l r3 :- A.
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TELEPHONE
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