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Home My WebLink AboutNC0005762_LV01-540 Enforcement Packet 1-14-02_20020114State 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 kVA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT WAGRAM PLANT SCOTLAND COUNTY PERMIT NO: NC0005762 LV 01-540 Dear Mr. Helton : This letter is to acknowledge receipt of check No. 7309 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 Statute. s, Regulations or Permits. If you have any questions, please call Vanessa Manuel at (919) 733-5083. 7t-e Cc: Enforcement File #: LV 01-540 iK ion ��ffi e Central Files Files 1617 Mail Service Center, Raleigh, NC 27699-1617 An Equal Opportunity Affirmative Action Employer Sincerely, Coleen Sullins, Chief Water Quality Section Telephone 919-733-5083 Fax 919-733-9612 50% recycled/10% post -consumer paper 7rA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor December 19, 2001 CERTIFIED) MAIi 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 01-540 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 SEPTEMBER 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 SEPTEMBER 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 Pen -nit 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: 910-486-1541/FAX: 910-486-07071 Internet: www.enr.state.nc.us/ENR An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper A AVAI NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor December 19, 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 01-540 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 SEPTEMBER 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 SEPTEMBER 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: 910-486-1541/FAX: 910-486-07071 Internet: www.enr.state.nc.us/ENR An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper L' 4 $ 250.00 For of the _L. violations of G.S. 143-215.1(a)(6) and • NPDES Permit No. NC003762, by discharging waste into the waters of the State in violation of perit 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) 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 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 LIR 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 Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natufal 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 (910) 486-1541. f (q—?c> a J (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 01-540 SEPTEMBER 2001 Daily Maximum Limit Violations Parameter FECAL COLIFORM FECAL COLIFORM * Value(s) assessed Reported Value 1000.0* 420.0 Limit 400.0 400.0 Units #/100ML #/100ML STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SCOTLAND ) , IN THE MATTER OF ASSESSMENT) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. NC0005762 ) STIPULATION OF FACTS WESTPOINT STEVENS, INC. WWTP) FILE NO. LV O 1-540 Having been assessed civil peralties totaling $325.21 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated December 19, 2001 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after the 30 days from the receipt of the notice of assessment. This the day of , 2001. By ADDRESS TELEPHONE ? , 211FLUENT NPDES PERMIT NO. l�" 1 1 S ? DISCHARGE NO. a•o i MONTH SptTg ' J :AYE 2 o 0 .}_..�.�. : - "- CLASS %%- COUNTY Sc'7/4,0c..�. FACILITY NAME liy�� '��•r:,•t�/i9it�"S'�'FJ-._N S ` � ) ( OPERATOR IN RESPONSIBLE CHARGE (ORC) (-IF_RAFa QLFN TC.�+� - GRADE: PHONE 9.J - 36 9 - 6//76 CERTIFIED LABORATORIES (1)'i✓e:1fPc';alt' 51-m/o; Gld*,Afki.4 n- -2 •b (2) flVr•A-od ,rc Lr'+6 CHECK BOX IF ORC HAS CHANGED---..— EJ._PERSON(S)_COLLECTING SAMPLES Aoy rki'._+N Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 ER[6 ast x (. 4r1r'4� j1 t !'� . /0 -js -- `' / (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE BY IS SIGNATURE, 1 CERT FY T THIS R$PORT IS ACCURATE AND COMPLETEjT PIE yEST OF MY KNOWLEDGE. 2 4 HRS :%7*. FIRS ORC On Site? Y/B/N 50050 FLOW EFF V INF 0 E C a MGD 00010 oC 00400 50060 00310 00610 00530 31616 00300 00600 00665 p. UNITS 0 MG/L IN UG/L oU N id;/,J,=% MG/L oWc a H/100ML MG/L MG/L 0 cC F C MG/L ENTER PA NAME ODE ABOVE BELOW etla C jcv 2'l 2'1 3>y3L 3:950 �S F, iy 3 < o,/1/ 1115 73 6 ,,es .2S N. 0 3,21. 192 7.. / i 8 G ?co y,3Zo 10 1 .2. Y y,:z 92- 12 76.1 14+ )c. 9 5,1 .Y... t7lii y,e7l° •1 al"o S3/ .2ry y, r / / / .313 3 SO 2p2- ci 7: 16 18 C'7r..' Q1C 2q y,72c C /ev 2'Y 0 22. F, L 331 Sl 903 <9 20 22 /cC J 7c.• 2Y �I/ Y Y 6s? 15 42 0 531 P/ 31 �fl 24 26 27 28 29 30 ?cc 07c: ilk t7t• 2,1 aq �" ?H Y 7J'g:3 3.4Y1 .3, 2i2- ZZ 173 S, L, 7, 0 39/ 3y1 257 I sal /�. 7 it'. 0. AVERAGE. E ?MRX1MtJ1Si MINIMUM .03 3• c 1S .22 2_ 1,9 6- 3i /12 -0,/19 <f3jj7 4, 52 /2 7 </ .37 9 , 7, i' .z S L s; L L', 325 c.,3zS goio Monthly Limit 7, 0 i3cl, _;15CI? ,Ica S. E' DWQ Form MR-1 (01/00) 4 If_:. Signa (Requir QD/ 3f'l ivAgA4m. ,,v,t. a235C Permittee Address Facility Status: (Please check o gf the following) All monitoring data and sampling frequencies meet permit requiremen 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. „0% /1/ C/ot,) ), . � F��m�f1 .41&, 4) verzeiz- Fre 4- I e d/,' k.4.1— EJ ? 3 LL N d r= X 2 DJ 5.4" 4t ', f'z�) '-Ai J 5..:/17t • f.✓ /�t t In ; 5 d «a G 4..` "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 (P - . e 'riot . t ermittee** Ag12 3/to / Date /D — Y� — 2//// jt/y 3/ a.c9c Y Phone Number $ermit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co). 00082 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 010674iNickel 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 (919) 733-5083 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 u .:.' S,•: ',i ! e reporting facility's permit for reporting data. * ORC mu '`' t tcagitbarid 2onent *Ration of facility as required per 15A NCAC 8G .0204. ** If signed 1 i ptha than th2rail -negation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D)• CENTRAL FILES Fast Track Worksheet Case Number Facility Name Permit Number Previous Case in the Last two years LV 01 540 Wagram plant NC0005762 Yes Statutory Maximun per violation Number of Assessments for previous 6 DMRs 01• 2 0 3 0 4 0 5 0 6 1.00 $25,000 Total Assessment Factor = 1.00 Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty 2 1 FECALO COLIFORM Weekly avg/daily max $250 1 $250.00 2 Comments Grand Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. $250.00 0.50 DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: WestPoint Stevens WWTP County: Scotland Case Number: LV 01-540 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 ( ) significant ( ) 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 ( ) significant ( ) 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 si• ifcant 8) The cost to the State of the enforcement procedures. (X) not significant ( ) moderately significant ( ) significant ( ) 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. Payment Remission Petition Collection Settlement Fast Track Admin