NC0005762_LV-2008-0210_20080707

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Westpoint Home Inc
County: Scotland
Case Number: LV-2008-0210
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 four weekly fecal violations and one monthly fecal violation that met enforcement
criteria.
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;
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 has had three civil penalties assessed against it with the past 12 months.
8) The cost to the State of the enforcement procedures.
• Enforcement costs to the State totaled $115.17.
Date
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office

t;

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 3450 0003 5543 4128
Maxell Headley
Westpoint Horne Inc
P.O. Box 388
Wagram, NC 28396
SUBJECT:
Dear Mr. Headley:
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
July 7, 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-2008-0210
Scotland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,865.17 ($1,750.00 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 February 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
February 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Westpoint Horne 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 [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

$750.00
$1,000.00
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 the Permit Monthly Geometric Mean limit for FEC
COLI.
4 of the 4 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.
$1,750.00 TOTAL CIVIL PENALTY
$115.17 Enforcement Costs
$1,865.17 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,
teiiincL sr414:47,eD
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-2008-0210 County: Scotland
Assessed Party: Westpoint Home Inc
Permit No. (if applicable): NC0005762 Amount Assessed: $1,865.17
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
ADIVIINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0210
Having been assessed civil penalties totaling $1. 865.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 7, 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 submittedto 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

PERMIT: NC0005762
ATTACHMENT A
Westpoint Home Inc
CASE NUMBER: LV-2008-0210
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 2-2008 001 Effluent FEC COLI 02/05/08 Weekly #/100m1 400 880 120.00 Daily Maximum Exceeded
$250.00 2-2008 001 Effluent FEC COLI 02/19/08 Weekly #/100m1 400 2,000 400.00 Daily Maximum Exceeded
$250.00 2-2008 001 Effluent FEC COLI 02/26/08 Weekly #/100m1 400 - 6,000 1,400.00 Daily Maximum Exceeded
$250.00 2-2008 001 Effluent FEC COLI 02/28/08 Weekly #/100m1 400 1,000 150.00 Daily Maximum Exceeded
$750.00 2-2008 001 Effluent FEC COLI 02/29/08 Weekly #/100m1 200 427.5 113.75 Monthly Geometric Mean
Exceeded

EF
NPDES PERMIT NUMBER: NC0005762 DISCHARGE NO. 001
FACILITY NAME: Westpoint Home
OPERATOR IN RESPONSIBLE CHARGE (ORC): ANTHONYQIAVIS
UENT
MONTH FEBRUARY
CLASS: IV
GRADE: IV
CERTIFIED LABORATORIES: (1) Westpoint Home Wastewater (2) Microbac Lab (3) TBL Environmental.
CHECK BLOCK ORC HAS CHANGED
AtCn: CENTRAL FILES
DEHNR-DWQ
1617 Mal Service Center
RALEIGH, NC 27699-1617
svvi
AP -8,200B
YEAR 2008
COUNT) Scotland
PHONE: [phone]
PERSONS COLLECTING SAMPLES; RONALD LOCKLEAR, FRED LOCKLEAR
Q,J1/1.,L)/
D
P
(SIGNATURE OF OPERA'l IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, 1 CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Rie LO(Kr4R008
3--96-��
DATE
Operator
Arrival
Time
Date 24:00
HRS
Operator
Tone
on
Die
HRS
ORC
on
Sde?
WPM
60050
00010
00400
50060
00310
00610
00530
31616
00300 00600
00886
00745
01034
FLOW
EFF [ XI
INF [ I
Daly
Rate
MGD
Temp
Celsius
°c
pH
Units
Residual
Chorine
UGIL
BOD,
20° C
LBIDay
Ammonia
Ndrogen
MGIL
Total
Suspended
Residue
LB/DAY
Fecal
Cordons
Geometric
Mean
$11100ML
Dissolved Total
Oxygen Nitrogen
MGIL MGIL
Total
Phosphorous
MGIL
Sulfides
LBIDay
Chromium
LBIDay
2 0700
24
0.372
6.4
7.99
14.16
4 0700
24
0.323
7.2
7.63
94
177
13.72
6 0700
24
0.421
11.4 7.59
132
254
12.12
8 0700
24
0.530
10.1 7.61
74
202
12.48
10 0700
24
0.349
9.7 8.14
12.08
12
0700
24
0.624
6.5
7.78
27
141
289
13.25
...............
...............
...............
14 0700
24
B
0.490
7.3
7.80
0
190
211
12.23
16 0700
24
0.432
9.5 8.23
11.64
18 0700
24
Y
0.430
12.0 8.39
32
152
11.21
...............
................
20. 0700
24
Y
0.548
8.5 7.72
27
122
12.96
22 0700
24
0.505
8.6
7.81
25
144
11.17
24 0700
24
0.429
10.2 8.20
11.74
26 0700
24
0.528
9.5 8.55
73
116 Q
28 0700
24
B
0.650
7.8
8.30
102
222
BOQO
13.33
30 0700
24
AVERAGE
>fV1A1(#BIiUF
....................
.....................
MINIMUM
0.453
8.8
0.323 1 6.4 I 7.40
0
0
78
25
1.48
1.48
185 4
107
t427.18
2
12.51
11.17
4.58
4.58
21.0
21.0
>0.1
>0.1
0.0034
0.0034
MONTHLY AVG LIMIT
7.000
28 ugp
Template of DEM Form MR-1 (12193)
H Holiday
1306
2658
2001100m1
24
12

NPDES PERMIT NUMBER: NC0005762
FACILITY NAME: Westpoint Home Inc
FACILITY STATUS
Month February YEAR 2008
CLASS: IV COUNTY: Scotland
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
X
If the facility is noncompliance, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time
table for improvements to be made
TBL reported BOD qualifiers for the following dates with codes applied: (1) 2-1-08 with code E applied...No sample dilution met the requirement of a DO residual of at least 1.0
mg/L. (2) 2-13-08 with code I applied: The calculated seed corrections were below 0.6 mg/L. (3) 2-28-08 and 2-29-08 with code A applied....The DO depletion of the water
blank exceeded 0.2 mg/L (4) 2-6-08 with • more than one code applies Final DO of dilution water blank > than initial DO. We also had split fecal sample results with dates
matching results reported on front of DMR. Those dates and results are as follows....2-5-08...11, 2-12-08 108, 2-19-08....1100, 2-26-08 1900 and 2-28.08....390. All these
results were reported by Microbac Lab. We exceeded our monthly limit on fecal. We have made some process changes that have brought us back in compliance. These changes
involved increasing our detention time in our clarifiers. This allows for more solids settling. We have also wasted some solids from our system. These were pumped into the digester.
We continue to work with our testing labs to closely monitor this situation.
Westpoint Home Inc.
Address P.O. Box 388 Wagram N.C.
[phone]
Date
Permit Exp. Date... July 31;2009
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
0034000D
00400 Ph
00530 Total Suspended
Residue
00545 Settable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
N trogen
00630 Nitrates/Nibites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
PARAMETER CODES
00951 Total Fluoride
01002 Arsenic
01027 Cadmium
01032 Hexavalent Chromiur
01034 Chromium
01037 Total Colbalt
01042 Copper
01045 Iron
01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
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
01105 Aluminum 81551 Xylene
Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at [phone], ext 581 or 534
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit to report data.
• ORC mustvisit facility and documentvisitation of facility as required per 15A NCAN 8A.0202 (b) (5) (B) , 15A NCAC 8A.0202 (b) (5) (B) .
•• If signed by other than permitte, delegation of signatory authority must be on file with the per 15A NCAC 2B . 0506 (b) (2) (D) .

Permit Enforcement History by Owner
Owner: Westpoint Home Inc
07/03/08
1
Facility: Wagram plant
Permit: NC0005762
Region: Fayetteville County: Scotland
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case
Case Number 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 62,250.00 $76.62 $.00 $2,326.62 $.00 No 05/25/07
LV-2008-0126 12-2007.2 04/08/08 $500.00 $115.17
$615.17 $.00 No 05/12/08
LV-2008-0181 1-2008 3 05/15/08 $500.00 $115.17
�J
$615.17 $.00 No 06/05/08

07/03/08
2
Owner: Westpoint Home Inc
LV-2008-0210 2-2008 06/11/06 $1,750.00 $115.17 $1,865.17 No
Total Cases: 21 $85,500.00 $2,394.81
Total Penalties: $87,894.81
$83,479.64 $1,865.17
Total Penalties after remission(s): $85,344.81

#..,4_,....$.„ .. "4`-. f iAti =,C -'S'k.+Y%4h`.!t"
Trackthforcement:cm. �. ,x
' Payment
' Remission
(Petition
v Collection
r Settlement
' Related Cases
Comments
Events
Summary
` RelatedVolalions
/ Penalty Review
Case Number:
LVV2008.0210",.
NOV;
Save
Permit: rIC0005762 -
Details..
SOC:
AD.
Detail; ,
Monitoring Report,102.2008 ; " "
Details... ,
Facility; 114agrarnplanl
Details,:..
Region:'Fayetteville . -;
County:
Scotland.:
Owneresi omlHomeInc.'
p ' : "
t�ainlain...
Incident: � �
l #
Details.. InspeciDl:
Wai}s,,
Repoiliut..:.
Permit
Origin
Location
Viol, Category
Parameter
Date
Description
TolalDollars
02.2008
NC0005762
001
Effluent
Limit Violation
Coliform,Fec,..
0212912008
Monthly Oeomet,,.$750,00
02.2008
NC0005762
001
Effluent
Limit Violation
Coliiorm, Fn.,.
0210512008
Daily Maximum ,..
$250,00
02.2008
NC0005762
001
Effluent
Limit Violation
Coliform,Fec.,.
0212812008
Daily Maximum..,
$250,00
02.2008
NC0005762
001
Effluent
Limit Violation
Coliform,Fec...
0211812008
Daily Maximum,..
$250.00
02.2008
NC0005762
001
Etlluent
Limit Violation
Coliform, Fec,,,
0212612008
Daily Maximum ,,,
$250,00
" Penal Waived
N
,
� RO Assessed' CO Assessed
: Ex. orf F&D Letter;.:
p
Penal Details,,.
lY-.
Penalty Assessed:
0611112008
Enforcement Contact
Helton, Yancey
•
Modif
PenaltyAmount:
$1150.00
Letter date:
Letter Salutation:
Damages:
F&D Received by Facilk
Regional Contact:
Brantley, Mark
•
Enforcement Cost
$115.17
Days Response Due:
Date Response Due:
Total Penalties.
$1865.17
. - < Back
Nei
r finish
'Cancel,
15violations :
Ready IPage 111 ISID ENPS

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 3450 0003 5543 4128
Maxell Headley
Westpoint Home Inc
P.O. Box 388
Wagram, NC 28396
SUBJECT:
Dear Mr. Headley:
Michae.!<F. Easley, Governor
Willianf°G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 7, 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-2008-0210
Scotland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,865.17 ($1,750.00 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 February 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
February 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Westpoint Horne 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 [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

DM Point Source
Fax:[phone]
Nov 20 2008 7:38
P. 01
Michael F. f asloy, Governor
State of North Carolina
t~'
FAX TRANSMITTAL,
DATE: November' 2008
TO: Mark Brantley
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Number of pages 1 +2
Fax: [phone]
Phone:
RE: Compliance: LV-2908-9210 Yancey Helton
FROM: Yoe R. Corporon off: 919-807-6394
Fax: [phone]
(Paid in full through the AG's office)
Copies per your Request:
• Payment Confirmation from John Verdejo (AGs Office)
• copy of the check
A TA
NCDENR
North Carolina Division of Water Quality 1617 Mall Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

DWQ Point Source
Fax:[phone]
Nov 20 2008.7:38
P. 02
Subject: Payment Confirmation
From: "John.Verdejo" <[e-mail]>
Date: Wed, 29 Oct 2008 15:55:55 -0400
To: Tom Belnick <[e-mail]>, Dina Spxinlde ina.Spxinkle[cr7ncmail.net>
Payment Was received from:
Tom Fitch
LV-2008-0200
$500.00-Penalty
$49.66-Investjgativ-e Cost
$9.40-Iat.erest
Total-$559.08
Chatham County
John Vezdejo <John._Verdejo ncmail nets
Office of General Counsel
North Carolina Department of Environment and Natural Resources
Roy Fite LV 2008-0200.pdf Content,Type: applicationlpdf
Content -Encoding: base64
Yancey Helton LV-2008-0210.pdf
Content -Encoding: base64
Content -Type: application/pH
►f 1
10/30/2008 7:35 AM

D'Q Point Source Fax:[phone]
•
Nov 20 2008 7:38 P.03
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