The URL can be used to link to this page

Home My WebLink AboutNC0005762_Enforcment February 2003_20030201State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Willam G. Ross Jr., Secretary Alan Klimek, P.E., Director YANCY HELTON PO BOX 388 WAGRAM, NC 28396 Dear Mr. Helton : CDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT WAGRAM PLANT SCOTLAND COUNTY PERMIT NO: NC0005762 LV 03-063 This letter is to acknowledge receipt of check No. 7813 in the amount of $563.35 received from you dated February 07, 2003. 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 (919) 733-5083. Sincerely, aft4"-)1}1. Coleen Sullins, Chief Water Quality Section Cc: Enforcement File #: LV 03-063 AFRO-Regio'nahOff ce�Supervisor- . Central Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper igloo 11.154 WESTPOINT STEVENS February 13, 2003 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 No. LV-03-063 Dear Sir or Madam: Please find enclosed Check No. 7813, dated February 7, 2003 for $563.35. This payment is for an assessment of civil penalty ($500.00) and enforcement costs ($63.35) associated with a fecal coliform violation in October 2002, NPDES Permit No. NC0005762, Case No. LV 03-063. Please acknowledge receipt of this check to: Yancy D. Helton WestPoint Stevens P.O. Box 388 Wagram, NC 28396 <or> Via email to: helton.yancy@wpstv.com 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 4L- Ya'cy D. Helton RECEIVED FEB 19 2003 DENR - FAYETFEVALLE REGIONAL OFFICE 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. Parker Harris Mr. Wesley Adams ATA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor January 31, 2003 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, P.E., 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 03-063 Scotland County Dear Mr. Helton: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $563.35 ($500.00 civil penalty + $63.35 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 OCTOBER 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 OCTOBER 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: 910-486-1541/FAX: 910-486-0707 \ Internet: www.enr.state.nc.us/ENR An Frn ial fnnnrti inity \ Affirmatives Antinn FmnInvnr — 50% Ranvclad \ 10% Post Consumer Paper ATA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor January 31, 2003 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, P.E., 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 03-063 Scotland County Dear Mr. Helton: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $563.35 ($500.00 civil penalty + $63.35 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 OCTOBER 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 OCTOBER 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: 910-486-1541/FAX: 910-486-0707 \ Internet: www.enr.state.nc.us/ENR An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper upon the above findings of fact and conclusions of law, and in accordance with authority he Secretary of the Department of Environment and Natural Resources and the Director ,n of Water Quality, I, Paul E. Rawls, Division of Water Quality Regional Supervisor for lle Region, hereby make the following civil penalty assessment against WestPoint Stevens, 1 Wastewater Treatment Plant: 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 maximum effluent limits for FECAL COLIFORM. $ 500.00 TOTAL CIVIL PENALTY, which is the penalty authorized by G.S. 143- 215.6A. $ 63.35 Enforcement costs. $ 563.35 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into ccount the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2,82.1(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 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 Depaitaiient 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 (910) 486-1541. (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 NC0005762 CASE NUMBER LV 03-063 OCTOBER 2002 Parameter FECAL COLIFORM FECAL COLIFORM Daily Maximum Limit Violations Reported Value 560.0* 2,000.0* * Value(s) assessed Limit 400.0 400.0 Units #/100ML #/100ML STATE OF NORTH CAROLINA COUNTY OF SCOTLAND ) IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) PERMIT NO. NC0005762 ) WEST POINT STEVENS, INC WWTP) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 03-063 Having been assessed civil penalties totaling $563.35 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated January 31, 2003, 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 DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: West Point Stevens, Inc. WWTP County: Scotland Case Number: LV 03-063 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 ing from the violation; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( )extremely significant 2) The ration and gravity of the violation; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 3) The a ect on ground or surface water quantity or quality or on air quality; ( of significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 4) The st of rectifying the damage; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 5) The mount of money saved 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 p or record of the violator in complying or failing to comply with programs over which the Environmental Ma gement Commission has regulatory authority; and (' not , ni scant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 8) Th cost to the State of the enforcement procedures. not significant ( ) moderately significant 1-3f- Date ni ( ))very significant ( ) extremely significant 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 E. Klimek EFFLUENT j ll NPDES PERMIT NO AI C 000 57 h Z.-DISCHARGE NO. O/ MONTH 8 c/o b >xit.. YEAR a 0 O 2— FACILITY NAME W Fs s � �o � ti f S fFz d•inl d ,/ CLASS IY COUNTY 5 r.42 HA. 0.4 OPERATOR IN RESPONSIBLE CHARGE (ORC) tr+rlal f?c"n. o1.1 GRADE I/7- PHONE rI/O — 36 9- '/at CERTIFIED LABORATORIES (1)GiF<f/o, _5 ✓eAs 0/AsiErva ,R L46 (2) Mi ck o. L64 CHECK BOX IF ORC HAS CHANGED Q PERSON(S) COLLECTING SAMPLES / '0 Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 /%/ 9 (SI ATURE OF OPERATOR IN RESPOWSl LE CHARGE) N DAJE- BY/TJI1S SIGNATURE, I CERTIFY THAT THIS Ra4PORT IS TE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. F 1 HRS HRS ai 0 O 0 Y/B/N 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 0o7VS 0%o34 FLOW,� EFF l2/ INF ❑.. A x A MGD oC a ❑ MG/L UNITS re.-UG/L ou • N /6s% 4,4 W o F z MG/L E cyf #/100ML MG/L W F0 O z MG/L a E. 0 0• 0. 0 0. MG/L ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW Jssl /6 d 2 4 0760 010 020* 24 Y 1, 215 /,310 27 a9 F,2- -70 ,, 0 < 2 0 /.2/5 6.7 6 8 o7ce P 2'1 'j, 273 y6 3 t '/1 e7od 2" 27 8, 4 <2 0 . 332 s17 •, 3 10 b70� l�1 Y y.7 . alp L Zo tf3 7 Y37 4 4 12 14 16 Q7G 07oo W oc ag 1/,Sa3 0 70. PfFo 07oa 21 y 0 S,of2- 25 18 000 0770 E.3 �20 gi a. sy2 8.2 577 .7 2� Y 2,1 g. 1 (2.0 6,7 19 20 2 j 070� sy y, 5yo 4,5 355 22 z3 24 26 28 0700 2'r Y.3.yk 23 )3,2 <2o s02 <o,1 .< 0,1 30 3i 0l0 c ado it( Y '1, 6Go ,13 7, 5 4• ,0 cj33 3So Oleo 61i0 0200 is 0700 a-N. 2q 211 Y. ss5 AVERAGE MINIMUM Y v Comjk(Gj rGral($jE L/,073 y.73L.! y,/,11 a3 a2S ................ ?,, 9 4-,30 11161 4 2 Q 3.520 a 2, t2o /70 S/3 503 <0, 5 / 2701, 3 G1.2 LI9 �/ 4'. 6,7 < 7,?1 1.87 <q,/ < 0,1 /70 (0, /y .269 < a- 4,2- 4 6, ,gg 1,51 <0, r 40. -2y Monthly Limit 7,0 DWQ Form MR-1 (01/00) G +G1 2$ 130(0 2sS2 Zoo 5. 0 1z 0//. Signa of Peermittee** Date (R-,!-d) 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 Noncompliant::?. f the facility is noncompliant, please comment on corrective actions being taken in respect tomaintenance,: n/dl a time -table for improvements to be made. P equipment, operation, O c l o J' /z 4. g i� N G t/ 1GTO,4 T /Z .29f Ty) a "g c,4 / C� v /,' 1,, ,e / ' / 'i 4-•V /MAX 1 ink ✓ - A/lp kur d, v -i- �{ 0 SA `eJ,g 5 /1 , 4 �1 slNJ A,qs !.c% AA -ad- f1o"�1,. z.a� 5cit,� 'r o -P . 3,4,l- 5- ��A) . 7 N j A- d,' fi',sg4-.,� certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance th a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry the person or persons who manage the system, or those persons directly responsible for the information, the information Omitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for emitting false information, including the possibility of fines and imprisonment for knowing violations." AI/Mc-If Al& LAN Permittee Plese�p: , or/ ype) , 3o y 38g ti)d-q/bitriii� Ai, C. ass5G 9/a—.36�i'- mince Address Phone Number du ly 3/) 2 o0 / Permit Exp. Date 10 Temperature 76 Turbidity 30 Color (Pt -Co) 32 Color (ADMI) ►5 Conductivity ►0 Dissolved Oxygen 0 BOD5 0 COD 0 pH - 0 Total Suspended Residue 5 Settleable Matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Nitrogen 00630 Nitrates/Nitrites 0103 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride PARAMETER CODES 00951 Total Fluoride 01002 Total Arsenic Cadmium 2 Hexavalent Chromium 01034 Chromium 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01062 Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS • 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Teter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting 'ater Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. my units designated in the reporting facility's permit for reporting data. 7. must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. igned by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) )• Fast Track Worksheet Case Number Facility Name Permit Number Previous Case in the Last two years Y I� Number of Assessments for previous 6 DMRs LV 03 063 Wagram plant NC0005762 LYes 0 1 • 20 03 O 40 C6 1.00 Statutory Maximun per violation $25,000 Total Assessment Factor = 1.00 Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty 2; 2 Fecal Coliform Weekly avg/daily max $250 1 $500.00 Comments Grand Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. $500.00 1.00 • NCOa05s ik •:: /.•::: f},., �:::: ff?{{.;•::::.:•:.�?y.:::::::.{.,!•,'..'•;:%%::%%:•.'•.':,':% fa::: •; t'/.:•fk::'::.'•:;4Y.•f'FS �,+f.`.ff'.%�i • .................... ...mow:?. rf�f... . 0 Tessa: Nlai Henso ...... ..:fv?;w::w:::::... .. f... :.::.......:}}:+i •};•Y.•}}yr?.}:?+f.•}}:•:FFJFFn �f7il�:tSt tra 31/0 ..ea Siett . }4j f ......{:'{'f,.l:is:i:C:::ir•:::f'ii}::ii::iii:}Y. .... .:iiif ilia}:iirr;}}:;:?;:??;'F. t }:?r ••r,.?; x?firil:%S'+iY.!n"r ??/.{:l/.::l.+ri}.+r ri::i': i<l'ti::li??}: i•g- /%H:° iMggW '.•::.1J/V\/. �, {.:::Fir•. fTftete; jttt} f�t i Tr.: .. ;:5::::.:.f. {.fn..:::.;:.::::::.;•:: •::;y:•;::.;•:;:: •:::•:::::., zaran .:::.:.}•++'•>.. ffi. ,>ri:<><}:}:ilii: i::!::?•::•i;f'�d;•::.::.;:::::::::::?.}}: Mr. Helton *AO ri} .5 3F1 Fy�f:} •/ :.•/•,::?:} :Sit%? :: // /