NC0005762_Enforcment Packet TX00-040 July 24 2000_20000724

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
July 24, 2000
MR. YANCEY D. HELTON
P.O. BOX 388
WAGRAM NC 28396
Awicir*•
• NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ECENED
rQui_ 2 7 2000
FP°'� E' ErEV L
REG. OFFICE
SUBJECT: PAYMENT ACKNOWLEDGEMENT
CIVIL PENALTY ASSESSMENT
WESTPOINT STEVENS, INC.
SCOTLAND COUNTY
PERMIT NO: NC0005762
TX 00-040
Dear Mr. Helton :
This letter is to acknowledge receipt of check No. 5786 in the amount of $1,024.24 received from
you dated July 24, 2000 . This payment satisfies in full the 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 Vanessa Manuel at [phone].
Sincerely,
Z-ze..40--
fp< E. Shannon Langley, Supervisor
Point Source Compliance/Enforcement Unit
Cc: Enforcement File #: TX 00 -040
c-FRO Regional -Office Supervisor
Central Files
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment.
,and Natural Resources
Division of Water Quality
Fayetteville Regional Office
James B. Hunt, Jr., Governor
pill Holman, Secretary
Kerr T. Stevens, Director
June 27, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Yancey D. Helton
Westpoint Stevens, Inc.
PO Box 388
Wagram, North Carolina 28396
SUBJECT:
Dear Mr. Helton:.
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Assessment of Civil Penalty for Violations of NC General Statute 143-
215.1(a)(6) and NPDES Permit No. NC0005762
Westpoint Stevens, Inc. WWTP
Scotland County
TX 00-040
_ This letter transmits an assessment of civil penalty against Westpoint Stevens, Inc. in the
amount of $ 1,024.24 ($ 1,000 • civil penalty + $ 24.24
enforcement costs).
This assessment is based upon the following facts. A review of the facility's toxicity self -
monitoring data from February through April. 2000 has been conducted. The review has shown
Westpoint Stevens, Inc. to be in violation of the 9% chronic toxicity effluent discharge limitation
found in NPDES Permit No. NC0005762. Westpoint Stevens' toxicity self -monitoring reports for
February through April 2000 revealed the following violation(s).
February 2000 Fail
Based upon the above fact(s), I conclude as a matter of law that Westpoint Stevens, Inc.
violated the terms, conditions or requirements of NPDES Permit No. NC0005762 and N.C.G.S 143-
215.1(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum
established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms,
conditions or requirements of a permit required by N.C.G.S. 143-215.1(a).
Mailing Address:
Wachovia Building
Suite 714
Fayetteville, NC 28301
Telephone [phone]
Fax [phone]
Location:
Wachovia Building
Suite 714
Fayetteville, NC 28301
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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, Paul Rawls, Division of Water Quality Regional
Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against
Westpoint Stevens, Inc.
$ 1,000
$ 1,000
$ 24.24
For 1 of 1 violation(s) of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0005762, by
discharging waste into the waters of the State in violation
of Westpoint Stevens' permit effluent limit for chronic
toxicity for February 2000.
TOTAL CIVIL PENALTY, which is 10
percent of the maximum penalty authorized by G.S. 143-
215.6A.
Enforcement costs.
$ 1,024.24 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 violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed 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 receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources
(do not include waiver form). Payment of the penalty will not foreclose 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 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:
Ms. Coleen Sullins
Water Quality Section Chief
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 during a bimonthly enforcement conference and inform you of his decision in the
matter of the remission request. 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
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

Mr. Dan McLawhorn, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
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 any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty. If you have any questions about this civil penalty assessment,
please contact the Water Quality Section staff of the Fayetteville Regional Office at [phone].
Paul Rawls
Water Quality Regional Supervisor
Fayetteville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/attachments
Point Source Compliance/Enforcement Unit File w/attachments
Aquatic Toxicology Unit File w/attachments
Central Files w/attachments

CIVIL PENALTY ASSESSMENT ADDENDUM
Please find attached information regarding DWQ's WET Enforcement Policy and how you can
influence DWQ's enforcement response for effluent toxicity permit limit violations.
NPDES permits are currently being issued/reissued with the requirement to conduct multiple
concentration testing upon a single quarterly failure to meet the chronic toxicity limit. Permittees with
NPDES permits which contain "old" chronic toxicity pass/fail testing language will have the OPTION to
respond to any single quarterly toxicity test failure with follow-up multiple concentration toxicity testing
or single concentration toxicity testing, thereby influencing DWQ's enforcement response.
NOTE: Choosing to respond to a chronic toxicity "fail" result with a pass/fail test instead of conducting
multiple concentration toxicity testing during the second and third months of the monitoring quarter
(monitoring quarter defined by your permit) will result in enforcement for single concentration test results
that do not meet chronic toxicity permit limitations.
Important WET Enforcement Policy items are:
I. CHRONIC TOXICITY TESTING
• The first test of the quarter can be conducted as either a pass/fail test or a
chronic value (ChV) test.
• If the pass/fail test fails or if the ChV is lower than the limit, then a NOV is
issued and at least two ChV tests (one per month) will be conducted over the
following two months. As many analyses as can be completed will be
accepted.
• A NOV will be issued for any test result failing to meet the permit limit.
• Any civil penalty assessed will be based on performance over a quarter (ie,
chronic values for the second and third months of the monitoring quarter will
be averaged arithmetically and if the average is >_ your chronic permit limit,
then a civil penalty will not be assessed for the monitoring quarter).
• NPDES Permits containing chronic toxicity pass/fail testing will be modified
upon permit renewal to include the new permit language.
II. ACUTE TOXICITY TESTING
• A NOV will be issued for each acute limit violation.
• A civil penalty will be assessed for any two consecutive acute limit
violations.
If you are unable to consistently comply with yourtoxicity permit limitation, you may notify your
respective Regional Office to discuss the possibility of entering into a Special Order by Consent (SOC).
The SOC provides conditional compliance for permit parameters that the facility can not consistently
comply with and may be issued in situations where facility operation and maintenance are not in question.
If a SOC is signed by the permittee/DWQ and contains toxicity as a noncompliant parameter, you will be
required to: conduct a Toxicity Reduction Evaluation (TRE), submit quarterly TRE progress reports and
eliminate/reduce effluent toxicants to acceptable levels.

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF SCOTLAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
WESTPOINT STEVENS, INC. WWTP
NPDES PERMIT NO. NC0005762
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. TX 00-040
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated , 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 inthe 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 , 2000.
BY
ADDRESS
TELEPHONE

Effluent Toxicity Report Form - Chronic Pass/Fail and Acute.LC50
Date: 03/13/00
Facility: WESTPOINT STEVENS WAGRAM NPDES#: NC0005762 Pipe#: 001 County: SCOTLAND
Laboratory Performing Test: BULINGTONI RESEARCH, INC.
fgnature fOperator in espons •le Charge
;Signatuhd L rato y S • rvisor
Comments:
Work Order: 08625-001
North Carolina Ceriodaphnia
Chronic Pass/Fail Reproduction Toxicity Test
Environmental Sciences Branch
MAIL ORIGINAL TO: Div. of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
CONTROL ORGANISMS 1 .2 3 4 5 6 7 8 9 10 11 12
Chronic Test Results
Calculated t = 7.325
Tabular t = 2.508
• % Reduction = 81.04.
# Young Produced
20
5
27
21
15
15
19
21
18
11
23
16
Adult (L)ive (D)ead
L
L
L
L
L
L
L
L
L
L
L
Effluent %: 9%
TREATMENT 2 ORGANISMS 1 2 3 4 5 6 7 8 9' 10 11 12
# Young Produced
2
11
0
1
0
9
2
5
2
3
1
4
Adult (L)ive (D)ead
L
L
L
L
D
L
L
L
D
D
L
L
% Mortality
Avg.Reprod.
0.00
Control
17.58
Control'
25.00
Treatment 2
3.33
Treatment 2
Control CV
32.846%
% control orgs
producing 3rd
brood
83%
PASS FAIL
X
Check One
PH
Control
Treatment 2
D.O.
Control
Treatment 2
1st sample 1st sample 2nd sample
7.60
7.17
7.67
7.08
7.06
7.25
7.01
7.16
7.42
6.98
7.04
7.18
s s s
t e t, e t e
a n a n a n
r 'd r d r d
t t t
1st sample 1st sample 2nd sample
8.6 8.7
8.5 18.7
8.8 8.9
8.6 8.9
8.7
8.2
8.6
7.7
LC50/Acute Toxicity Test
(Mortality expressed as %, combining replicates)
Complete This For Either Test
Test Start Date: 02/19/00
Collection (Start) Date
Sample 1: 02/17/00 Sample 2: 02/21/00
Sample Type/Duration 2nd
1st P/F
Sample 1
Sample 2
Grab Comp.
Duration
X 24 hrs
X 24 hrs
D
I S S
L A A
U M M
T P P
Hardness(mg/L)
Spec. Cond.(µmhos)
Chlorine(mg/1)
Sample temp. at receipt(•C)
35
102
6800
5750
NA
NA
1.6
1.6
X
X
X
X
X
X
X
X
X
X
X
%
%
%
%
%
%
X
X
X
Concentration
Mortality
start/end
LC50 = X
Method of Determination
95% Confidence Limits
Moving Average _
Probit _
X -- %
Spearman Karber _
Other
Note: Please
Complete This
Section Also
start/end
Control
High
Conc.
pH D.O.
Organism Tested:" Ceriodaphnia dubia Duration(hrs):
Copied from DWQ form AT-1 (3/87).rev. 11/95 (DUBIA ver. 4.41)
.Re/v.evv4d by A i li
313I woo
Met Te,
Nc
•
p
r��

4-Bor
WESTPOINT STEVENS
July 20, 2000
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
North Carolina Department of Environment and Natural Resources
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Ref: Assessment of Civil Penalty for Violations of
N.C. General Statute 143-215.1(a)(6) and
NPDES Permit No. NC0005762
WestPoint Stevens Inc. WWTP
Scotland County
Dear Sir/Madam:
ECEVED
/Jul 2 12000
REG.
This letter is in reply to the letter of Mr. Paul Rawls, dated June 27, 2000, and received on June 29, 2000,
regarding the assessment of civil penalties as referenced above. Please find enclosed Check Number 5786 dated
July 20, 2000, for $1,024.24.
Please acknowledge receipt of this check to:
Mr. Yancy D. Helton
WestPoint Stevens
P.O. Box 388
Wagram, NC 28396
WestPoint Stevens maintains its commitment to compliance with all federal, state and local environmental laws
and regulations and does not accept violations, nor penalties for such violations, as trivial matters.
Sincerely,
Yancy. Helton
copies: Mr. Paul Rawls, Water Quality Regional Supervisor, FRO, DWQ, W. Adams,
Lanier, T. Tarver, C. Zodrow
POST OFFICE BOX 388, WAGRAM, NORTH CAROLINA 28396 • AREA 910 369-2231

ew Record
ater Quality
NC0005762
P.o. Box 388
IWagram
1
Section Enforcement Trackir g Syste
Statutory Authority
28396
Mun/NonM y;`
CentraiOffiice Log'°?in Date
Date Penalty.. Assessed;
Violation Month/Year
Penalty- Amount.
06/29/00
Comments'
Facility Type
Staff Review Complete
Assistant Section Chief Review
Section Chief Review;
MR. YANCEY D. HELTON
FRO
MR. HELTC
06/29/00
ubbasin
IWESTPOINT STEVENS, INC.
143-215.6A(a),(b),&(c)
Scotland
30751
Farm-..#'
Vanessa Manuel
06/27/00
April 100
06/27/00
$1 ,000.00
$24:24
07/29/00
Enf. Conf. Date
Remission Amount
Enf. Conf. Green
Notification =to appear
before ,EMC received
EMC Hears Case
EMC Remrnison
Amount
Petitioned,in OAH
Penalty Retracted
Case to,Collection
Injunction
WESTPOINT STEVENS (NC0005762) EA for quarter 2-4, '00 (2-F, 3-P, 4-)
To Region 6/22/00
Payment Remission Petition Superior Collection Settlement
Court
Fast Track
Admin