NC0005762_LV-02-0451_20021021

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality k.k= LaCerflOne
9.I itry12-
Michael F. Easley, Governor
Wiliam G. Ross Jr., Secretary
Alan Klimek, P.E., Director
MR. YANCY D. HELTON
PO BOX 388
WAGRAM, NC 28396
Dear Mr. Helton :
October 21, 2002
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SUBJECT: PAYMENT ACKNOWLEDGEMENT
CIVIL PENALTY ASSESSMENT
WAGRAM PLANT
SCOTLAND COUNTY
PERMIT NO: NC0005762
LV 02-451
This letter is to acknowledge receipt of check No. 120793 in the amount of $1,575.21 received from
you dated October 03, 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 02-451
' FR Rfegi iyiWI c -u� p ar
Central Files
Sincerely,
-fQZr Coleen Sullins, Chief
1 Water Quality Section
RECEIVED
OCT 25 2002
OAR-FAYi IEV LEREGIONALOFFICE
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

�41
54
WESTPOINT STEVENS
October 14, 2002
North Carolina Department of Environment
And Natural Resources
Point Source Compliance/Enforcement Unit
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
RECE \IED
OCT 10 2002
DENR - FAYETTEVILLE REGIONAL OFFICE
RE: WestPoint Stevens Wagram Facility (NPDES Permit No. NC0005762)
Notice of Violation and Assessment of Civil Penalty
Case Nos. LV-02-451 and LV-02-466
Dear Sir or Madam:
Please find enclosed . Check No. 120793 dated October 03, 2002 for $3,400.42. This
payment is for an assessment of civil penalty ($1,500.00) and enforcement costs ($75.21)
associated with a fecal coliform violation in March 2002, NPDES Permit No.
NC0005762,. Case No. LV 02-451 and for an assessment of civil penalty ($1,750.00) and
enforcement costs ($75.21) associated with a fecal coliform violation in March 2002,
NPDES Permit No. NC0005762, Case No. LV 02-466
Please acknowledge receipt of this check to:
Yancy D.1-lelton
WestPoint Stevens
P.O. Box 388
Wagram, NC 28396
< or >
Via email to: [e-mail]
At WestPoint Stevens. we are committed to maintaining compliance with all underlying
applicable regulations and actively take steps to address any compliance concerns if they
arise.
POST OFFICE BOX 388, WAGRAM, NORTH CAROLINA 28396 • AREA 910 369-2231

Copies: Mr. Paul Rawls, Fayetteville Regional Office, 225 Green Street —Suite 714
Fayetteville, NC 28301-5043
Mr. Chris Zodrow
Mr. Eddie Lanier
Mr. Tony Tarver
Mr. Wesley Adams

04
1 �
WESTPOINT STEVENS
October 14, 2002
North Carolina Department of Environment
And Natural Resources
Point Source Compliance/Enforcement Unit
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
RE: WestPoint Stevens Wagram Facility (NPDES Permit No. NC0005762)
Notice of Violation and Assessment of Civil Penalty
Case Nos. LV-02-451 and LV-02-466
Dear Sir or Madam:
Please find enclosed Check No. 120793 dated October 03, 2002 for $3,400.42. This
payment is for an assessment of civil penalty ($1,500.00) and enforcement costs ($75.21)
associated with a fecal coliform violation in March 2002, NPDES Permit No.
NC0005762, Case No. LV 02-451 and for an assessment of civil penalty ($1,750.00) and
enforcement costs ($75.21) associated with a fecal coliform violation in March 2002,
NPDES Permit No. NC0005762, Case No. LV 02-466
Please acknowledge receipt of this check to:
Yancy D. Helton
WestPoint Stevens
P.O. Box 388
Wagram, NC 28396
<or>
Via email to: [e-mail]
At WestPoint Stevens we are committed to maintaining compliance with all underlying
applicable regulations and actively take steps to address any compliance concerns if they
arise.
Sincerely
Yancy D. Helton
POST OFFICE BOX 388, WAGRAM, NORTH CAROLINA 28396 • AREA 910 369-2231

Copies: Mr. Paul Rawls, Fayetteville Regional Office, 225 Green Street —Suite 714
Fayetteville, NC 28301-5043
Mr. Chris Zodrow
Mr. Eddie Lanier
Mr. Tony Tarver
Mr. Wesley Adams

POST OFFICE BOX 388, WAGRAM, NORTH CAROLINA 28396 • AREA 910 369-2231

AwA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
September.17, 2002
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
Alan Klimek, 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 02-451
Scotland County
Dear Mr. Helton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,575.21 ($1,500.00 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 MARCH 2002. 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
MARCH 2002 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).
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

447A
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
September 17, 2002
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
Alan Klimek, 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 02-451
Scotland County
Dear Mr. Helton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,575.21 ($1,500.00 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 MARCH 2002. 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
MARCH 2002 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).
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

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:
$ 1000.00 For 1 of the 1 violations 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 permit monthly
average effluent limits for FECAL COLIFORM
$ 500.00 For 2 of the 2 violations 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 permit weekly average
effluent limits for FECAL COLIFORM.
$ 1,500.00 TOTAL CIVIL PENALTY, which is the penalty authorized
by G.S. 143- 215.6A.
$ 75.21 Enforcement costs.
$ 1,575.21 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 requestfor 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
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
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 Natural 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].
cl ) 1 ''o Z
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 02-451
MARCH 2002
Monthly Average Limit Violations
Parameter Reported Value
FECAL COLIFORM 631.0*
Limit
200.0
Daily Maximum Limit Violations
Units
#/100ML
Parameter Reported Value Limit Units
FECAL COLIFORM 13,100.0* 400.0 #/100ML
FECAL COLIFORM 28,249.0* 400.0 #/100ML
* Value(s) assessed

STATE OF NORTH CAOLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF SCOTLAND )
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
PERMIT NO. NC0005762 )
WESTPOINT STEVENS - WAGRAM PLANT
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
WWTP)
FILE NO. LV 02-451
Having been assessed civil penalties totaling $1,575.21 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated September 17, 2002 , 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 , 2002.
By
ADDRESS
TELEPHONE

Mita 1 7 2002
EFFLUENT
1(IPDES PERMIT NO.J. DISCHARGE NO. OD ( MONTH MOW•rtF.ST-NLY=
FACILITY NAME
CLASS lit COUNTY 5
OPERATOR IN RESPONSIBLE CHARGE (ORC) 1--/Ert- rn I 1 Ai 13 I- i A, ?Lc ,-) GRADE V= PHONE 9/0 - 3 LW
CERTIFIED LABORATORIES (1)G4ksii4/{. Stevem.J.6 11.1,4si5a44-1go. .i. ,4 6. (2)
CHECK BOX IF ORC HAS CHANGED p PERSON(S) COLLECTING SAMPLES Ro I 6:- &
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
(SI NATURE OF OPE ATOR IN RESPOND
BY'TIIIS SIGNATURE, I CERT T THIS
(?RATE AND COMPLETE T;14E BEST 0
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DWQ Form MR-1 (01/00)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
Compliant
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.
O,V19 /Ae r / al 4- 4- t C3 0U 4- f, ci U' J o/i ket4t�i (A/P3- S 9f-A l�7S I' /_ A )M ' 7 // Atii i;
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cl r
"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.'" ;
P 0, 4,,,e jgg
Permittee Address
/6' — 3 G- i— 'V1//
Phone Number
a-t-/f''j/l81 `_
Date
C /.;/' 3/,G DO
Permit 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
Oil & Grease
Total Nitrogen
Ammonia Nitrogen
Total Kjeldhal 01027
Nitrogen
PARAMETER CODES
00951
01002
01032
01034
Total Phosphorous
Cyanide
Total Sulfide
Total Magnesium
Total Sodium
Total Chloride
Nitrates/Nitrites
01037
01042
01045
01051
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. Z dv 71 .
** 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).

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Limituidl tions �dtt90 tor: V1oII li st R In otat s
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001
Effluent
COLIFORM FECAL MF M
0312612002 Daily Maximum Exce...
400
13100
3175
001
Effluent
COLIFORM FECAL MF, M
03/28/2002 IDaily Maximum Exce...
400
28249
6962.25
001
Effluent
COLIFORM FECAL MF M-
03131 /2002 jMonthly Geometric M
200
631.45
215.725
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DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: WestPoint Stevens Wagram plant WWTP
County: Scotland
Case Number: LV 02-451
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resul 'fig from the violation;
(X not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
2) The ration and gravity of the violation;
(X�t significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
3) The affect on ground or surface water quantity or quality or on air quality;
( Xylinot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
4) The st of rectifying the damage;
(X not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
5) The amount of money s ed by noncompliance;
( ) not significant ( moderately significant ( ) significant ( ) very significant ( ) extremely significant
6) Whe er the violation was committed willfully or intentionally;
( 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
Ma agement Commission has regulatory authority; and
( ) not signi zcant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
8) Th cost to the State of the enforcement procedures.
not significant ( ) moderately significant ( ) signifcant ( ) very significant ( ) extremely significant
( )
CI-'1,bv
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
Alan W. Klimek

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LV
02
451
Wagram plant
NC0005762
Yes
Statutory Maximun
per violation
Number of Assessments for previous 6 DMRs
I1 O 20 O 3 O fO 05
1.00
$25,000
Total Assessment Factor =
1.00
Number Number
Violations Assessed Parameter
Violation
Total
Penalty/ Assessment
Violation Factor
Total Penalty
1
1
FECAL
COLIFORM
Monthly/Quarterly
avg
$1000
1
$1000.00
2
2
FECAL
COLIFORM
Weekly avg/daily
max
$250
3
Comments
Grand Total Penalty
Percent of the Maximum Penalty
Authorized by G.S. 143-215.6A.
$500.00
$1500.00
2.00

0/19/02
LV
2
NC0005762
PO BOX 388
WAGRAM
451
Non MMin mai
arch
Kitty Kramer
09/17/02
2002
09/17/02
$1,500.00
$75.21
41#1*****144#14*MOMMAW#1.00.M:
$1,575.21
28396
WAGRAM PLANT
143-215.6A(a),(b),&(c)
SCOTLAND
Yancy I), Helton
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