NC0005762_LV-2008-0181 Enforcement_20080605

YANCY D HELTON
WESTPOINT HOME INC
PO BOX 338
WAGRAM NC 28396
SUBJECT:
Dear Yancy Helton:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Payment Acknowledgment
Civil Penalty Assessment
Wagram plant
Permit Number: NC0005762
Case Number: LV-2008-0181
Scotland County
DE R_FRO
JUN b 2008
DWQ
This letter is to acknowledge receipt of check number 224673 in the amount of $615.17 received
from you dated May 23, 2008. 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,
Dina Sprinkle
cc: Central Files
DW(FayetteuikiRegional Office Supervisor
NorthCarolina
Naturally
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 3450 0003 5543 4098
Yancy D Helton
Westpoint Home Inc
PO Box 338
Wagram, NC 28396
SUBJECT:
Dear Mr. Helton:
May 16, 2008
u7
U.S. Postal Service.
CERTIFIED MAILTMi,.EIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit ourwebsite at www.usps.come
U S E
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Postage
Certified Fee
m
Retum Receipt Fee
a (Endorsement Required)
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Restricted Delivery Fee
(Endorsement Required)
1. /F510 F .5/eve t5
Total Postage
Sent To
Postmark
Here
Yancy D. Helton
Westpoint Horne, Inc.
Street, X` o. P.O. Box 338
Wagram, NC 28396
City, State, ZIP+
PS Form 3800, Augus r 1 , ee everse or ns ruc ions
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-2008-0181
Scotland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $615.17
($500.00 civil penalty + $115.17 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 January 2008. 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
January 2008 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:
oe Caroli Nna
aatura!!y
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Westpoint Home Inc
County: Scotland
Case Number: LV-2008-0181
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;
2) The duration and gravity of the violation;
• This facility had two daily fecal violations that resulted in a civil penalty.
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
• This facility had two civil penalties assessed against it within the past 12 months.
8) The cost to the State of the enforcement procedures.
• Enforcement cost to the state totaled $115.17.
s-ito Li,D.1/4440.en
Date
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 3450 0003 5543 4098
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
Coleen H. Sullins, Director
Division of Water Quality
May 16, 2008
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-2008-0181
Scotland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $615.17
($500.00 civil penalty + $115.17 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 January 2008. 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
January 2008 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:
oe Carolina
NNaturally
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet h2o.enr.state.nc.us Customer Service 7-877-623-6748

$500.00
2 of the 2 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 Daily Maximum limit for FEC COLI.
$500.00 TOTAL CIVIL PENALTY
$115.17 Enforcement Costs
$615.17 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 [phone] Facsimile: [phone]
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,
ca.G i91;4�
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-2008-0181
Assessed Party: Westpoint Home Inc
Permit No. (if applicable): NC0005762
County: Scotland
Amount Assessed: $615.17
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 of Facts"
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-2008-0181
Having been assessed civil penalties totaling $615.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 16, 2008, 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-2008-0181
PERMIT: NC0005762 FACILITY: Wagram plant
COUNTY: Scotland REGION: Fayetteville
Limit Violations
MONITORING OUTFALLI VIOLATION
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY
UNIT OF
MEASURE
OMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$250.00 1-2008 001 Effluent FEC COLI
$250.00 1-2008 001 Effluent FEC COLI
01/29/08 Weekly #/100m1 400 11,400 2,750.00 Daily Maximum Exceeded
01/31/08 Weekly #/100m1 400 7,000 1,650.00 Daily Maximum Exceeded

NPDES PERMIT NUMBER: NC0005762 DISCHARGE NO. 001
FACILITY NAME: Westpolnt Home
OPERATOR IN RESPONSIBLE CHARGE (ORC): ANTHONY CHAVIS
EFFLUENT
MONTH JANUARY
CLASS: IV
GRADE: IV
CERTIFIED LABORATORIES: (1) Westpoint Home Wastewater (2) Microbac Lab (3) TBL Environmental
CHECK BLOCK IF ORC HAS CHANGED
L-,
AtVn: CENTRAL FILES
DEHNR -DWO
1617 Mall Service Center
RALEIGH, NC 27699-1617
EN3_R
j%ati' 4l cc: .or a
YEAR 2007
COUNT) Scotland
PHONE: [phone]
PERSONS COLLECTING SAMPLES; RONALD LOCKLEAR, FRED LOCKLEAR, CLYD
I �a S'•
SW
1411��. 5 4 %ci s 1 0 2008
(SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
DATE
Date
Operator
Arrival
The
24:00
HRS
Operator
Tune
on
She
HRS
ORC
on
She?
Y/NB
50050
00010
00400
50060
00310
00810
00530
31618
00300
00800
00885
00745
01034
FLOW
EFF [ X]
INF I 1
Daily
Rate
MGD
Temp
Celsius
DC
PH
Units
Residual
Chlorine
UG/L
BON
20°C
LB1Day
Ammonia
MG1L
Total
Suspended
Reside
LB/DAY
Fecal
Coiform
Geometric
Mean
lJ100ML
Dissolved
()Mien
MGLL
Total
Nitrogen
MGLL
Total
Phosphorous
MGM_
Sulfides
LB1Day
Chromium
LB1Day
2
0700
24
B
0.393
5.7
8.10
O
<0.10
320
13.54
8.49
32.1
4
0700
24
0.224
4.2
7.40
37»
21
92
310
14.24
6
0700
24
0.230
8.5
7.24
14.26
8
7QQ
0700
24
0.311
8.9
8.15
O
44
192
180
13.24
10
0700
24
�: Efi0:3
0.827
10.8
7.26
63
249
2,
9.40
12
.O700
0700
24
0.535
11.3
7.18
12.72
14
16
0700
0700
24
24
hi`:•l(iiEiEii
Y. .
0.164
0.248
10.2
5.6
7.01
8.20
39
25
164
101
13.49
15.49
#7
18
0700
24
0.389
7.2
8.03
51
161
14.21
20
0700
24
0.295
5.2
7.50
13.57
22
0700
24
0.259
4.5
7.18
O
38
127
53
15.01
24
0700
24
0.452
9.4
7.37
63
197
14.52
26
0700
24
0.311
3.8
7.41
12.94
•
28
30
0700
24
0.262
3.9
7.88
56
142
12.96
0700
24
0.247
8.2
7.54
>72
179
14.18
E<?»24>?>
AVERAGE
0.338
7.2 .........�........0
...............
>51
<0.10
170
< 195.40
13.72
8.49
32.1
MINIMUM
0.114
3.5
7.01
O
21
<0.10
92
11
9.40
8.49
32.1
...........................
...........................
............................
MONTHLY AVG LIMIT
7.000
28 ugfl
Template of DEM Form MR-1 (12/93)
H Hoiday
1306
2558
200/100mI
24
12

Owner: Westpoint Home Inc
Facility: Wagram plant
Permit: NC0005762
Region: Fayetteville
Case Number
Permit Enforcement History by Owner
County: Scotland
05/16/08
1
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case
MR Approved Amount 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 $1,750.00 $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 $750.00 $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
LV-2007-0179 2-2007 05/03/07 $2,250.00 $76.62 $.00
$2,326.62 $.00 No 05/25/07
LV-2008-0126 12-2007 04/08/08 $500.00 $115.17
$615.17 $.00 No 05/12/08
LV-2008-0181 1-2008 05/15/08 $500.00 $115.17 _ $615.17 No

05/16/08
2
Total Cases: 20 $83,750.00 $2,279.64
Total Penalties:
$86,029.64
$82,864.47 $615.17
Total Penalties after remission(s): $83,479.64

Payment
1 Remission
Petition
" Collection
Settlement
/ Related Cases
' Comments
Events
• S'.uiimarp
/
Related Violations
PenoltyAssessed
Review
Case Number. ILV-2008-0181
NOV:
Save
Permit:
NC0006762
Details...
I SOC:
AD:
I Def� ilb ..
Monitoring Report: �012008
Details...
Facility: IWagram plant
Details...
Region:
•Fayetteville
County: Scotland
i
Owner: IWestpointHome Inc
Maintain...
Incident:
Daiails...
InspectDt:
Debiis
1 _
I
,
Report M... Permit I Origin Location ! Viol. Category
Parameter
Date
Description
TotalDollars
101-2008 :NC0005762 ;001 !Effluent iLiniitViolafion
Colifonri, Fee...
0112912008
Daily Maximum ...
$260.00
'01.2000 b1C0006762
001 ;Effluent ;LitiiitViolation
Coliforrn,Fec...
0113112000
Daily Maximum.,.
$250.00
PenaliyWaived:
(e} RO Assessed
(j CO Assessed
Exttort F&D Letter...
Penally Details...
Penalty Assessed:
0511512008
Enforcement Contact:
Helton, Yancy D.
•
lulodify
Penally Amount:
$500.00
Letter date:
Letter Salutation:
• Damages:
F&D Received by Facility:
Regional Contact:
Brantley, dark
•
Enforcement Cost:
$115.17
Days Response Due:
Dale Response Due:
Total Penalties:
$615.17
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