NC0005762_LV01-509 Enforcment Packet January 14th 2002_20020114

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Willam G. Ross Jr., Secretary
Gregory J. Thorpe, PhD., Acting Director
January 14, 2002
MR. YANCY D. HELTON
PO BOX 388
WAGRAM, NC 28396
Kt LQceffiche
Atr•rvA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
n`s_ ir-
r
JAN 2002
SUBJECT: PAYMENT ACKNOWLEDGEMENT
CIVIL PENALTY ASSESSMENT
WAGRAM PLANT
SCOTLAND COUNTY
PERMIT NO: NC0005762
LV 01-509
Dear Mr. Helton :
This letter is to acknowledge receipt of check No. 7310 in the amount of $325.21 received from
you dated January 08, 2002. 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].
Cc: Enforcement File #: LV 01-509
Central Files
Sincerely,
zfii„j
Coleen Sullins, Chief
Water Quality Section
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
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ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
December 17, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Yancy D. Helton, Director of Engineering
WestPoint Stevens, Incorporated
P.O. Box 388
Wagram, N.C. 28396
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of N.C. General Statute 143-215.1(a)(6)
and NPDES Permit NC0005762
WestPoint Stevens, Incorporated Wastewater Treatment Plant
Case No. LV 01-509
Scotland County
Dear Mr. Helton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$325.21 ($250.00 civil penalty + $75.21 enforcement costs) against WestPoint Stevens, Incorporated
Wastewater Treatment Plant.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the WestPoint Stevens, Incorporated Wastewater Treatment
Plant for the month of JULY 2001. This review has shown the subject facility to be in violation of the
discharge limitation requirements found in NPDES Permit NC0005762. The violations which occurred
in JULY 2001 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the WestPoint Stevens,
Incorporated Wastewater Treatment Plant violated the terms, conditions or requirements of NPDES
Permit NC0005762 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A.
A civil penalty, in accordance with the maximums 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).
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 E. Rawls, Division of Water Quality Regional Supervisor for
the Fayetteville Region, hereby make the following civil penalty assessment against WestPoint
Stevens, Incorporated Wastewater Treatment Plant:
Fayetteville Regional Office
225 Green Street— Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]/FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

AVAI
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
December 17, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Yancy D. Helton, Director of Engineering
WestPoint Stevens, Incorporated
P.O. Box 388
Wagram, N.C. 28396
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of N.C. General Statute 143-215.1(a)(6)
and NPDES Permit NC0005762
WestPoint Stevens, Incorporated Wastewater Treatment Plant
Case No. LV 01-509 -
Scotland County
Dear Mr. Helton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$325.21 ($250.00 civil penalty + $75.21 enforcement costs) against WestPoint Stevens, Incorporated
Wastewater Treatment Plant.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the WestPoint Stevens, Incorporated Wastewater Treatment
Plant for the month of JULY 2001. This review has shown the subject facility to be in violation of the
discharge limitation requirements found in NPDES Permit NC0005762. The violations which occurred
in JULY 2001 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the WestPoint Stevens,
Incorporated Wastewater Treatment Plant violated the terms, conditions or requirements of NPDES
Permit NC0005762 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A.
A civil penalty, in accordance with the maximums 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).
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 E. Rawls, Division of Water Quality Regional Supervisor for
the Fayetteville Region, hereby make the following civil penalty assessment against WestPoint
Stevens, Incorporated Wastewater Treatment Plant:
Fayetteville Regional Office
225 Green Street— Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]/FAX: [phone] \ Internet: www.enr.state.nc.us/ENR
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

$ 250.00 For _L. of the violations of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC005762, by discharging waste into
the waters of the State in violation of pent weekly average
effluent limits for FECAL COLIFORM
$ 250.00
$ 75.21
325.21
TOTAL CIVIL PENALTY, which is the penalty
authorized by G.S. 143- 215.6A.
Enforcement costs.
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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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 duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
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
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to

Mr. Dan Oakley, General Counsel
Department of Environment and Natuial Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687
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].
12//-C/
(Date)
ATTACHMENTS
Paul E. Rawls
Water Quality Regional Supervisor
Fayetteville Region
Division of Water Quality
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
WESTPOINT STEVENS WASTEWATER TREATMENT PLANT
NPDES PERMIT NUMBER NC005762
CASE NUMBER LV 01-509
JULY 2001
Daily Maximum Limit Violations
Parameter Reported Value Limit Units
FECAL COLIFORM 1100.0* 400.0 #/100ML
* Value(s) assessed

STATE OF NORTH CAROLINA
COUNTY OF SCOTLAND )
IN THE MATTER OF ASSESSMENT)
OF CIVIL PENALTIES AGAINST )
PERMIT NO. NC0005762 )
WESTPOINT STEVENS, INC. WWTP)
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 01-509
Having been assessed civil penalties totaling $325.21 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated December 17, 2001 , 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 the 30 days
from the receipt of the notice of assessment.
This the day of , 2001.
By
ADDRESS
TELEPHONE

•
AU(.'f kiak
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_.-- .__ _.--
NPPES PERMIT NO. 41,, itiiIr "z--- DISCHARGE NO. 1) t MONTH ,.'',1 L-,.. -'irro,,.="t;•-2-3-----7i--:,-_t-7,-YEAR- - :2 r•-, -; i
FACILITY NAME i,2.0iiii.04111r7r/P-CIF;,7)75. CLASS Li- COUNTY/
OPERATOR IN RESPONSIBLE CHARGE (ORC) 1-Iri': 44 A -A } 1.5 ,•,..7,,./,'W
. GRADE /7"- PHONE 'elf:. ---- 3i9-1 -
CERTIFIED LABORATORIES (1) i,'2;:,7/13...',, 'I' CI-4.:,:t7.12..;; t:t! 4 li.'5,. . 77./ FA_ Z. A 6 .(2) iti ,'C LA.,
CHECK BOX IF ORC HAS CHANGED Ei PERSON(S) COLLECTING SAMPLES
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617 ;
(si. NATURE OF OPERATOR IN RESPSIBLE CHARGE)
EFFLUENT
/
i DATE
B /THIS SIGNATURE, TCERTIFI T AT THIS REPORT IS
AIVI eCURATE AND COPLETH T IRE BEST OF MY K,NOWLEDGE.
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50050
00010
00400
50060
00310
00610
00530
31616
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00600
00665
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DWQ Form MR -I (01/00)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
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.
(� . t.� fl .i 1
cl/ �. F.4 4-1 z 4.: i w l 2 L.% ; -, 5
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Y ! s ._ e) 7q:e... fir, oti t� :.-. fi -714
"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."
Permittee Address
r
Permittee "1 e.. pj or type)
Sign of of Permittee*
(Required)
Phone Number
Cr,/
bate
1 2c J
/ Permit Exp. Date
00010
00076
00080
00082
Temperature
Turbidity
Color (Pt -Co)
Color (ADMI)
00556
00600
00610
00625
00095 Conductivity 00630
00300 Dissolved Oxygen
00310 BOD5 00665
00340 COD 00720
00400 pH 00745
00530 Total Suspended 00927
Residue 00929
00545 Settleable Matter 00940
PARAMETER CODES
Oil & Grease 00951
Total Nitrogen 01002
Ammonia Nitrogen
Total Kjeldhal 01027
Nitrogen
Nitrates/Nitrites 01032
01034
Total Phosphorous
Cyanide 01037
Total Sulfide 01042
Total Magnesium 01045
Total Sodium 01051
Total Chloride 01062
Total Fluoride
Total Arsenic
Cadmium
Hexavalent Chromium
Chromium
Total Cobalt
Copper
Iron
Lead
Molybdenum
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147
31616
32730
34235
34481
38260
39516
50050
Total Selenium
Fecal Coliform
Total Phenolics
Benzene
Toluene
MBAS
PCBs
Flow
50060 Total
Residual
Chlorine
71880
71900
81551
Formaldehyde
Mercury
Xylene
Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at [phone] or by visiting
the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages.
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).

Fast Track Worksheet
.Case Number
Facility Name
Permit Number
Previous Case
in the Last
two years
LV
01
509
Wagram plant
NC0005762
Yes
Statutory Maximun
per violation
Number of Assessments for previous 6 DMRs
•1 02 0 3 0 4 0 5 O 6
1.00
$25,000
Total Assessment Factor =
1.00
Total
Number Number Penalty/ Assessment
Violations Assessed Parameter Violation Violation Factor Total Penalty
1
1
FECAL
COLIFORM
Weekly avg/daily
max
$250
1
$250.00
1
1
Comments
Grand Total Penalty
Percent of the Maximum Penalty
Authorized by G.S. 143-215.6A.
$250.00
1.00

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: WestPoint Stevens WWTP
County. Scotland
Case Number LV 01-509
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;
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
2) The duration and gravity of the violation;
(X) not significant ( ) moderately significant ( ) si •nificant ( ) very significant ( ) extremely significant
3) The effect on ground or surface water quantity or quality or on air quality;
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
4) The cost of rectifying the damage;
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
5) The amount of money saved by noncompliance;
( ) not significant (X) moderately significant ( ) si • nificant ( ) very significant ( ) extremely significant
6) Whether the violation was committed willfully or intentionally;
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
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
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
8) The cost to the State of the enforcement procedures.
(X) not significant ( ) moderately significant i want ( ) very significant ( ) extremely significant
Date Paul E. Rawls
REMISSION FACTORS
Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
Whether the violator promptly abated continuing environmental damage resulting from the violation;
Whether the violation was inadvertent or a result of an accident;
Whether the violator had been assessed civil penalties for any previous violations; and
Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Date Gregory J. Thrope, Ph.D.

WAGRAM PLANT
143-21 5.6A(a),(b),&(c)
SCOTLAND
Yancy D. Helton
NC0005762
PO BOX 388
WAGRAM
Non
tonal''> Contac
12/17/01
] oniti
egtoi al DNIR a `ssessm is onl
to
mount,
'ostsT
F&�4Recei=ved
July 12001
12/17/01
$250.00
$75.21
atuto,
28396
Payment Remission Petition Collection Settlement Fast Track Admin
eue
e,.