HomeMy WebLinkAboutNC0005762_LV-2007-0179 Enforcment_20070524Yancy D Helton
Westpoint Home Inc
PO Box 338
Wagram, NC 28396
SUBJECT:
Dear Mr. Helton:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 24, 2007
Payment Acknowledgment
Civil Penalty Assessment
Wagram plant
Permit Number: NC0005762
Case Number: LV-2007-0179
Scotland County
MAY 2 9.-2007
r.
r 111E ;. .7'r,"'
This letter is to acknowledge receipt of check number 10085 in the amount of $2,326.62 received
from you dated May 16, 2007. This payment satisfies in full the above 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 Joe Corporon at 919-733-5083 Ext.597.
Sincerely,
fla4.41—if 4g40/141-.&
Frances Candelaria
cc: Enforcement File #: LV-2007-0179
IDWQ,Fayetteville;Reglonal Office_Supervisor• .J
Central Files
No Carolina
Viura!!y
/17 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
Customer Service 1 800 623-7748
WESTPOINT HOME INC.
BOB STEVENS PLANT
P.O. BOX 388
WAGRAM, NC 28396
PAY TO THE
ORDER OF - NCDENR
Two Thousand Three Hundred Twenty -Six and 62/100**"*"*
MEMO
FIRST BANK
LAURINBURG, NORTH CAROLINA 28352
66-456-531 5/16/2007
$ **2,326.62
11 Ai
Case# LV-2007-0179 #211.14762/ 1VP
vo00 L008 So S 3 L01-6 Suo: 4 4 7 6 LOC:111v
10085
Details on back.
121
DOLLARS
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina•Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
_-� Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7001 2510 0000 6682 5078
Yancy D Helton
Westpoint Home Inc
PO Box 338
Wagram, NC 28396
SUBJECT:
Dear Mr. Helton:
May 4, 2007-
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
Westpoint Home Inc
Wagram plant
Case No. LV-2007-0179
Scotland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,326.62 ($2,250.00 civil penalty + $76.62 enforcement costs) against Westpoint Home Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Westpoint Home Inc for the month of February 2007.
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
February 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Westpoint Home 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, Belinda S. Henson, Division of Water Quality
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Westpoint Home Inc:
hCarolina
hatural4y
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone (910)433-3300
FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
W E S TPOINT
HOME
May 16, 2007
North Carolina Department of Environment
And Natural Resources
Point Source Compliance/Enforcement
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
DENR-FR
MAY 2 e 2007
7140
0
RE: WestPoint Home Wagram Plant (NPDES Permit No. NC0005762)
Notice of Violation and Assessment of Civil Penalty
Case No. LV-2007-0179
Scotland County
Dear Sir or Madam:
Please find enclosed a check for $2,326.62. This payment is for an assessment of civil penalty
($2,250.00) and enforcement costs ($76.62) associated with fecal coliform violations in February
2007, NPDES Permit No. NC0005762, Case No. LV 2007-0179.
Please acknowledge receipt of this {check to:
Yancy D. Helton
WestPoint Home
P.O. Box 388
Wagram, NC 28396
< or >
Via email to: helton.yancy@wphome.com
At WestPoint Home we are committed to maintaining compliance with all underlying applicable
regulations and actively take steps to address any compliance concerns if they arise.
Copies: Mrs..'Belinda Heno , , s Fayetteville Regional Office, 225 Green Street —Suite 714
Tayet`� eville, N-C 28301-5043
Eddie Lanier, Environmental Department, Mr. Parker Harris, Mr. Anthony Chavis
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7001 2510 0000 6682 5078
Yancy D Helton
Westpoint Home Inc
PO Box 338
Wagram, NC 28396
SUBJECT:
Dear Mr. Helton:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 4, 2007
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
Westpoint Home Inc
Wagram plant
Case No. LV-2007-0179
Scotland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,326.62 ($2,250.00 civil penalty + $76.62 enforcement costs) against Westpoint Home Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Westpoint Home Inc for the month of February 2007.
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
February 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Westpoint Home 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, Belinda S. Henson, Division of Water Quality
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Westpoint Home Inc:
NorthCarolina
Naturally
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone (910)433-3300
FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50%Recycled/10% Post Consumer Paper
$1,500.00
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$750.00 NC0005762, by discharging waste water into the waters of the State
in violation of 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 the Permit Monthly Geometric Mean limit for FEC
COLI.
$2,250.00 TOTAL CIVIL PENALTY
Enforcement Costs
$2,326.62 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
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:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. 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 and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the • violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact the Surface Water staff of the Fayetteville Regional
Office at 910-433-3300.
Sincerely,
13R,&4o %9tr/flaCYD
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
ATTACHMENTS
cc: Enforcement File w/ attachments
Central Files w/ attachments
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2007-0179
Assessed Party: Westpoint Home Inc
Permit No. (if applicable): NC0005762
County: Scotland
Amount Assessed: $2,326.62
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation ofFacts-
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Scotland
Westpoint Home Inc
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Wagram plant
PERMIT NO. NC0005762
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2007-0179
Having been assessed civil penalties totaling $2,326.62 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 4, 2007, 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 within 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
Westpoint Home Inc
CASE NUMBER: LV-2007-0179
PERMIT: NC0005762 FACILITY: Wagram plant
COUNTY: Scotland REGION: Fayetteville
Limit Violations
MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER'
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT
VIOLATION TYPE
$250.00 2-2007 001 Effluent FEC COLI 02/06/07 Weekly #/100m1 400 900 125.00 Daily Maximum Exceeded
$250.00 2-2007 001 Effluent FEC COLT 02/08/07 Weekly #/100m1 400 16,600 4,050.00 Daily Maximum Exceeded
$250.00 2-2007 001 Effluent FEC COLI 02/20/07 Weekly #/100m1 400 6,000 1,400.00 Daily Maximum Exceeded
$1,500.00 2-2007 001 Effluent FEC COLI 02/28/07 Weekly #/100m1 200 523.19 161.60 Monthly Geometric Mean
Exceeded
Owner: Westpoint Home Inc
Facility: Wagram plant
Permit: NC0005762
Region: Fayetteville County: Scotland
Penalty
Assessment
Case Number MR Approved
Penalty
Amount
Permit Enforcement History by Owner
05/03/07
1
Remission Enf EMC EMC OAH Collection Has
Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Flint Case
t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed
WQ-1989-0014
06/01/89 $8,500.00 $392.64 $.00 07/17/89 08/03/89 $.00 $.00
$8,892.64 $.00 No 08/31/89
WQ-1989-0018
08/03/89 $48,000.00 $364.83 $.00 09/26/89 10/19/89 $.00 $.00
$48,364.83 $.00 No 11/29/89
LV-1992-0008
03/26/92 $3,750.00 $156.40 $.00 04/28/92 06/04/92 $750.00
$.00 $3,156.40 $.00 No 07/26/92
LT-1997-0002
03/17/97 $500.00 $.00 $.00
$500.00 $.00 No 04/25/97
LV-1997-0040
04/23/98 $9,000.00 $288.56 $.00 06/02/98 08/05/98 $1,800.00
$7,488.56 $.00 No 10/08/98
TX-2000-0040
06/27/00 $1,000.00 $24.24
$1,024.24 $.00 No 07/24/00
LV-2001-0509
12/17/01 $250.00 $75.21
$325.21 $.00 No 01/14/02
LV-2001-0540
12/19/01 $250.00 $75.21
$325.21 $.00 No 01/14/02
LV-2002-0078
04/08/02 $500.00 $75.21
$575.21 $.00 No 05/03/02
LV-2002-0451
09/17/02 $1,500.00 $75.21
$1,575.21 $.00 No 10/22/02
LV-2002-0466
09/23/02 81,750.00 $75.21
$1,825.21 $.00 No 10/22/02
LV-2003-0063
01/31/03 $500.00 $63.35
$563.35 $.00 No 02/24/03
LV-2003-0336 12-2002 04/01/03 $250.00 $63.35 $313.35 $.00 No 04/25/03
LV-2003-0519 4-2003 07/30/03 $1,750.00 $63.35 $1,813.35 $.00 No 08/28/03
LV-2003-0565 5-2003 08/26/03 $1,750.00 $63.35 $1,813.35 $.00 No 09/18/03
LV-2003-0837 9-2003 12/30/03 8750.00 $58.28 $808.28 $.00 No 01/22/04
LV-2005-0242 3-2005 07/19/05 $500.00 $58.28 $558.28 $.00 No 08/01/05
Total Cases: 17 $80,500.00 $1,972.68 $79,922.68 $.00
Total Penalties: $82,472.68 Total Penalties after remission(s): $79,922.68
Track Enforcement Case
Case Number:
Permit 7N00005762
Facility: Wagram plant
ec Westpoint Nome Inc RtainEain... Incident.
ReportMo... Permit
02-2007 INC0005762
02-2007 INC0005762
02-2007 INC0005762
Origin
001
Details... j Region: IFayettevi8
Location Viol. Categony
Effluent Limit Violation
001 !Effluent Limit Violation
001 'Effluent Limit Violation
02-2007 INC0005762 001
PenalEyWaived:
Penalty Assessed:0510312007 1 Enforcement Contact:
;Effluent
Letterdate: J Letter Salutation:::
F&D Received by Facility: Regional Contact:
Days Response Due:
14 IaVans found,
LimitkAolation
Parameter
Coliform, Fecal...
Coliform, Fecal,,,
Coliform, Fecal ...
Coliform, Fecal...
Save
Monitoring Repoli 02-2007 1 Details.ti
County Scotland
Date i Description TotalDolla
0212812007 Monthly Geometri... $1500.00
0210612007 Pally Maximum Ex_ $250.00
0212012007 IDaily Maximum Ex $250.00
0210812007 ;Daily Maximum Ex.,. $250.00
I } RO Assessed 0 CO Assessed
Helton, Yancy D.
Mr, Helton
Brantley, Mark •
Date Response Due: 1.
Eton F&D Letter.,.
Penalty Details.,:
Modify [ Penalty Amount $2250.00
Damages:
Erforcenient Cost
$76.62
Total Penalties: ,$2026,62
SID: ENPB