NC0005762_Enforcment August 2003_20030828 (2)

mit: ae! F. aaiey, sauvvn iv!
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
8/28/03
Yancy D Helton
West Point Stevens, Inc
PO Box 388
Wagram, NC 28396
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Wagram ,plant
Scotland County
Permit No: NC0005762
LV-2003-0519
Dear Mr. Helton:
This letter is to acknowledge receipt of check No. 8107 in the amount of $1,813.35 received from
you dated August 26, 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 violationsof the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Vanessa E Manuel at 919-733-5083 Ext.532.
Sincerely,
64441. YY7. allelf144
For Coleen Sullins, Deputy Director
Division of Water Quality
cc: Enforcement File #: LV-2003-0519
tFay tev l'•le R g cn- al-Offiee S rper-visor -
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617 [phone]
Customer Service 1 800 623-7748

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WESTPOINT STEVENS
August 25, 2003
Coleen Sullens
North Carolina Department of Environment
And Natural Resources
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
l +2 7 2003
RE: WestPoint Stevens Wagram Facility (NPDES Permit No. NC0005762)
Notice of Violation and Assessment of Civil Penalty
Case No. LV-2003-0519
Dear Ms. Sullens:
Please find enclosed a check dated August 25, 2003, for $1,813.35. This payment is for
an assessment of civil penalty ($1,750.00) and enforcement costs ($63.35) associated
with a fecal coliform violation in April 2003, NPDES Permit No. NC0005762, Case No.
LV 2003-0519.
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.
POST OFFICE BOX 388, WAGRAM, NORTH CAROLINA 28396 • AREA 910 369-2231

Copies:
/?vir. )aul 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

F NJATF . Michael F. Easley, Governor
q�� William G. Ross Jr., Secretary
0' f , QG North Carolina Department of Environment and Natural Resources
GO ' ; , t r Alan W. Klimek, P.E. Director
,I Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Yancy D Helton
West Point Stevens, Inc
PO Box 388
Wagram, NC 28396
SUBJECT:
Dear Mr. Helton:
July 30, 2003
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0005762
West Point Stevens, Inc
Wagram plant
Case No. LV-2003-0519
Scotland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,813.35 ($1,750.00 civil penalty + $63.35 enforcement costs) against West Point Stevens, Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by West Point Stevens, Inc for the month of April 2003. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0005762. The violations which occurred in
April 2003 are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that West Point Stevens, Inc violated the
terms, conditions or requirements of NPDES Permit NC0005762 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by 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 Depaitment 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
West Point Stevens, Inc:
NCDENR Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301-50431 [phone] Telephone
[phone] Fax
Customer Service 1 877-623-6748

WR
A7 Michael F. Easley, Governor
� William G. Ross Jr., Secretary
,,QG, North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
-1 Division of Water Quality
July 30, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Yancy D Helton
West Point Stevens, Inc
PO Box 388
Wagram, NC 28396
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0005762
West Point Stevens, Inc
Wagram plant
Case No. LV-2003-0519
Scotland County
Dear Mr. Helton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,813.35 ($1,750.00 civil penalty + $63.35 enforcement costs) against West Point Stevens, Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by West Point Stevens, Inc for the month of April 2003. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0005762. The violations which occurred in
April 2003 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that West Point Stevens, Inc violated the
terms, conditions or requirements of NPDES Permit NC0005762 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by 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 Rawls, Division of Water Quality Regional
Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against
West Point Stevens, Inc:
NCDENR Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301-50431 [phone] Telephone
[phone] Fax
Customer Service 1 877-623-6748

$250.00
$1,500.00
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0005762, by discharging waste water into the waters of the State
in violation of Permit the Permit Daily Maximum limit for FEC
COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0005762, by discharging waste water into the waters of the State
in violation of Permit the Permit Monthly Geometric Mean limit for
FEC COLI.
$1,750.00 TOTAL CIVIL PENALTY
$63.35 Enforcement Costs
$1,813.35 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:
Coleen Sullins
Water Quality Section Chief
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) was
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:
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
Dan Oakley
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 910-468-1541
Ext..
(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

STATE OF NORTH CAROLINA
COUNTY OF Scotland
West Point Stevens, Inc
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Wagram plant
PERMIT NO. NC0005762
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2003-0519
Having been assessed civil penalties totaling $1,813.35 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 30, 2003, the undersigned, desiring
to seek remission of the civil penalty, 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 with thirty (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 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
West Point Stevens, Inc
CASE NUMBER: LV-2003-0519
PERMIT: NC0005762
FACILITY: Wagram plant
COUNTY: Scotland
REGION: Fayetteville
Limit Violations
MONITORING OUTFALL/ ,
PENALTY REPORT PPI LOCATION PARAMETER
VIOLATION UNIT OF CALCULATED % OVER
DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 4-2003 001 Effluent FEC COLI
$1,500.00 4-2008 001 Effluent FEC COLI
04/08/03 Weekly
#/100m1 400.00 2,300.00 475.00 Daily Maximum Exceeded
04/30/03 Weekly #/100m1 200.00 260.36 30.18 Monthly Geometric Mean
Exceeded

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: West Point Stevens
County: Scotland
Case Number: LV-2003-0519
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;
( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
2) The duration and gravity of the violation;
( c2,not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
3) The effect on ground or surface water quantity or quality or on air quality;
(ot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
4) The ost of rectifying the damage;
( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
5) The amount of money ved by noncompliance;
( ) not significant ( moderately significant ( ) significant ( ) very significant ( ) extremely significant
6) Whether 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
Mpagement Commission has regulatory authority; and
O not significant ( ) moderately significant ( ) signi want ( ) very significant ( ) extremely significant
8) T cost to the State of the enforcement procedury
() not significant ( ) moderately significant/
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 Alan W. Klimek

s�.
EFFLUENT
NPDES PERMIT NO. Al C coo S1 Z 0.0 1 ' a a v e) �a
DISCHARGE NO. MONTH 4' . , .l MivEAR - OD 3
FACILITY NAME 14)6S'iPD�'1vf Ske i1.1;it15 CLASS ED- coumh, 5& r., fJ,4-a
OPERATOR IN RESPONSIBLE CHARGE (ORC) /1RnlxiAi f s vitem) GRADE )Z. PHONE 9J ^ 36c1-'/J 't .
CERTIFIED LABORATORIES (1) Ne4/1poi Sib_iLgius W5i'NIn1'r- 4,46 (2) /ii, c&fl b:4.e_.: I.
.
CHECK BOX IF ORC HAS CHANGED Q PERSON(S) COLLECTING SAMPLES go/ (91A.Ja,t9
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
HRS
ORC On Site? •
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ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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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
the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.,
td a time -table for improvements to be made. f
FK cA-/ Coo; toh,. k/i4-S O v�'/2- 7'tl
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hfin: T . / /1e 5 C'�4ws 4/e °%/
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certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
ith 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 gathering the information, the information
bmitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
tbmitting false information, including the possibility of fines and imprisonment for knowing violations."
‘44 NCY D. I+FL-17o
Permit - : (P1r type)
Si
(R
P D, 8v i 3 gg 144R f,,t,,)I Ac z 8 3 i6
armittee Address
��z-//c/3
of Permittee** Date
9/v — 367 - c%// 3 /, 2 oa V
Phone Number Permit Exp. Date
)010 Temperature
)076 Turbidity
)080 Color (Pt -Co)
)082 Color(ADMI)
00556
00600
00610
00625
)095 Conductivity 00630
Dissolved Oxygen
BOD5
COD
pH
)300
)310
D340
D400
PARAMETER CODES
Oil & Grease 00951
Total Nitrogen 01002
Ammonia Nitrogen
Total Kjeldhal 01027
Nitrogen
Nitrates/Nitrites 01032
00665 Total Phosphorous
00720 Cyanide 01037 Total Cobalt
00745 Total Sulfide 01042 Copper
D530 Total Suspended 00927 Total Magnesium 01045 Iron
Residue 00929 Total Sodium 01051 Lead
)545 Settleable Matter 00940 Total Chloride 01062 Molybdenum
Total Fluoride
Total Arsenic
Cadmium
Hexavalent Chromium
01034 Chromium
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616
32730
34235
34481
38260
39516
50050
Fecal Coliform
Total Phenolics
Benzene
Toluene
MBAS
PCBs
Flow
50060 Total
Residual
Chlorine
71880
71900
81551
Formaldehyde
Mercury
Xylene
arameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at [phone] or by visiting
le Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages.
'se only units designated in the reporting facility's permit fooflpd nil l .
ORC must visit facility and document visitation of fa ' !.al e,t1Wf d ' frAMICAC 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)
(D).

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Permit NC0005762 Defads -,
SOC W - AD ; 2 vr,,w Morntaring Report ti4 2003
Details
Facility IWagram punt giqe..falls Region if apellevllle ; County Scotland,
Qwner a 1801PorntStevens Inca
D;etads t, Ineideni Ott
r InspectDY
f
r l
{
Report Month
Permit ;
Ori it
, La anon
Viot..Category
Parameter
Date.x.,
Description
-xz - -
04-2003
NC0005762
001
Effluent
Limit Violation
Coliform, Fecal MF...
0413012003
Monthly Geometric M...
$15
I
fi
04-2003
NC0005762 1001
Effluent
Limit Violation
Coliform Fecal MF...
0410812003
Daily Maximum ace._
$25
i
zPenaliyWaived -- C+iROAsaessed ,CO Assessed
k { ; Et'portF&DLetter - I Penalty etails
Pef)8ItfPsses5ed• 0713012003 Enforcement Contact i
Helton Yancy D.
-r'Aodlfy Penally Amount: $1750:00 4
ifi .,F rys
etterdate
�
07/3012003 L�tteCSalutation
N ge
Mr.Helton � Dame s
i F&D Received by Faclld
0610512003 Re tonaI ConM1 g tact
Henson Belinda S. Enfotcement$63 35
`si Days t3esponse Due 0 Date R Orirlse.Dae i09/0412003 Total Penait es $1813.35
1?viniatinn.sfniInrlRearivT' '- .f-� ,��sin� .. _..