HomeMy WebLinkAboutNC0023442-Historical-LV-2018-0276_20181213DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Boise Cascade Wood Products L L C
Facility Name: Moncure Plywood
Permit Number: NCO023442
County: Chatham
Case Number: LV-2018-0276
ASSESSMENT FACTORS
1) 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;
No knowiydamage to enviro e , pub i health or private ro ert
2) The durati n and gravity of Oe viol tion; 7 (�
Two daily maximum and one monthly avers a exceeded fqr ammon
3) The effect on ground or surface water quantity or quality or on air quality;:
Not documented.y-y
4) The cost of rectifying the damage;
Not documented.
5) The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
6) Whether the violation was committed willfully or intentionally;
It is not believed that the violations were committed 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
There have been nine CPAs in the past year.
8) The cost to the State of the enforcement
$37.78
elail
Date
Danny Smith, Yegional Supervisor
Water Qualit� Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ROY COOPER NORTH CAROLINA
Governor Environmental Quallty
MCCHAEL S. REGAN
Secrermyo
LINDA CULPEPPER
Interim Director
December 13, 2018
Brian Van Gelder, Environmental Manager
Boise Cascade Wood Products L L C
PO Box 1110
Chester, SC 29706
Subject: Payment Acknowledgement for Civil Penalty Assessment
Moncure Plywood
Chatham County
Permit NCO023442
Case No. LV-2018-0276
Dear Mr. Van Gelder:
r
This letter is to acknowledge receipt of Check No. 0000013188 in the amount of $537.78 received from you dated
12/4/2018. This payment satisfies in full the civil assessment levied against the subject facility and this case has been
closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permits.
If you have any questions, please call Wren Thedford at 919-707-6301.
Sincerely,
•.� 6ag�
Wren Thedford
Administrative Assistant
Water Quality Permitting Section
cc: Enforcement Nile # LV-2018-0276
Raleigh Regional Office Supervisor
�D Q�
North Carolina Department of Environmental Quality I Division of Water Resources
1628 Mail Service Center, Raleigh, NC 27699-1628
919-791-4200
PERMIT: NCO023442
FACILITY: Moncure Plywood
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date MonthfYr
Parameter
2/5/2018 2-2018
Nitrogen, Ammonia
Total (as N) -
Concentration
2/19/2018 2-2018
Nitrogen, Ammonia
Total (as N) -
Concentration
2/28/2018 2-2018
Nitrogen, Ammonia
Total (as N) -
Concentration
ATTACHMENT A
Boise Cascade Wood Products L L C
CASE NUMBER: LV-2018-0276
REGION: Raleigh
COUNTY: Chatham
Unit of
Limit
Calculated
% Over
Frequency Measure
Value
Value
Limit
2 X month mgll
20
23
15.0
2 X month mgll 20
2 X month mgll 4
21 5.0
22 450.0
Violation
Penalty
Type
Amount
Daily
$0.0C
Maximum
Exceeded
Daily
$0.0C
Maximum
Exceeded
Monthly
$500.0(
Average
Exceeded
Postal
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NCO023442.MONCURE PLYWOOD
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■ Complete items 1, 2, and 3.
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C. Date of Delivery
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_or on the front if space permits.
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D. Is delivery address dWerant from item 1? Yes
BRIAN W VAN GELDER
# YES, enter delivery address below: No
BOISE CASCADE WOOD PROPERTIES LLC
306 CORINTH RD
MONCURE NC 27559
CP.LV-2018-0276
NC0023442.MONCURE PLYWOOD
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Domestic Return Receipt
STATE OF NORTH CAROLINA DEPAR` "NIENI' OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Boise Cascade Wood Products L L C }
NIoncure Plywood }
PERMIT NO. NCO023442 ) CASE NO. LN'-2018-0276
Having been assessed civil penalties totaling $537.78 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated November 14, 2018, 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 Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20
JUSTIFICATION FOR REMISSION RE VEST
�asc Number: L`'-2018-0276 County: Chatham
Xssessed Party: Boise Cascade Wood Products L L C
?ermit No.: NC0023442 Amount Assessed: $537.78
'lease use this form when requesting remission of this civil penalty. You must also complete the "Request For Reniission,
[Vaiver 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
-actors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
-emission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
;tatements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
oenalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
nelieve 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.I(b) were wrongfully applied to the
detriment of the petitioner (the assessnent.iictors 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 fittttre occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain irlty the violation was unavoidable or
something you could not prevent or preparefin);
(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 peryment of the civil penalty tit'ill prei-ent yoit fi-otat p(!if i-iinng the activities necessary to achieve
compliance).
EXPLANATION:
Option 3: File a petition for an administrative hearing with the Office of Administrative Ilearinas:
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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You_
should contact the Office of Administrative Hearings with all questions regarding_ the filing fee and, -or the details of the
filing_ process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 431-3100
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
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 Chen= Zhan, with the Division of Water Resources staff of the Raleigh Regional
Office at (919) 791-4200 or via email at cheng.zhang!ccncdenr.gov.
Sincerely,
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance -Enforcement Unit - Enforcement File
Central Files
Option 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 Resources 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 14313�2K. I (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;
(d) 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 Water Resources 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 Rhzht to an Administrative Hearing and Stipulation of Facts" fonn within thin 30 days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request._
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Based upon the aboveifindings of=fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Danny
Smith, Regional Supcuisgr,.Ral6gb-Regional Office hereby make the following civil penalty assessment against Boise
Cascade Wood Products L L C:
0.00 0 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0023442, by discharging waste water
into the waters of the State in violation of the Pennit Daily Maximum for Nitrogen, Ammonia
Total (as N) - Concentration
S500.00 1 of I violations of G.S. 143-215.1(a)(6) and Permit No. NC0023442, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$500.00 TOTAL CIVIL PENALTY
$37.78 Enforcement Costs
537.78 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. 143 B-282. I (b), -%hick 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 duality 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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 -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
ROY COOPER
':.o'._!r,a,'
MIC A= S. F- G.kN
tee.."9f�Y-
LrN-DA CT-7--PEPPER
:.arirn D.Vrr_w-
Certified flail # 70172680000022360338
Return Receipt Requested
F vi'r't - -rl d14 r'; .-, ` Qt. U '. f 5
November 14, 2018
Brian W Van Gelder, East Region Environmental !Manager
Boise Cascade Wood Products LLC
306 Corinth Rd
Nloncure, NC 27559
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 WW Permit No. N00023442
Boise Cascade Wood Products L L C
Moncure Plywood
Case No. LV-2018-0276
Chatham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S537.78 (S500.00 civil penalty
+ S37.78 enforcement costs) against Boise Cascade Wood Products L L C.
This assessment is based upon the following facts: a revie�, has been conducted of the Discharge Monitoring Report
(DilvIR) submitted by Boise Cascade Wood Products L L C for the month of February 2018. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No. NC0023442. The violations, which occurred in February 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Boise Cascade Wood Products L L C violated the terms,
conditions or requirements of NPDES WW Permit No. NCO023442 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).
North Carolina Department of Env ronmental Quality I Division of Water Resources
1628 Mad Service Center, Raleigh, NC 27699-1628
919-791-4200
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NODES PF;KbI!'1' NO.: hC0423442 PEKiiII'1' N'F;KSIO\:
FACILITY NAME: Boise Cascade Wood Products, LLC CLASS: W W-I
R 10
rOWNER NAME: Boise Cascade Wood Products L L C ORC: Randall Craig Jarrell �� 1i
GRADE;: WW-4. ORC HAS CHANCED: Nd- i )�
eDMR PERIOD: 02-2018 (Febmary 2018) VERSION: 1.0
PERINII'1 S1 ATUS: Acttve r
COUNTY: Chatham
ORC CERT,NUMBER: 7937
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
**** No Reporting Reason: E.NFRUSE4 - No Flow-Rcuse'Rccycic; - No Visitation Adverse Weather, NOFLOW - No Floa: HOLIDAY = No Visitation- Holiday
WDeptofr-llvir01,11,
14P9 w
MAR- 10 2018
NPDES PERMIT NO.: NC0023442 PF.RMU' VERSION[ J 0
f FACIvrn' NAME: Iloisc Cawade Wood Products. LLC CLASS: %VW- I
0L1'NF.R NAME: Iloise Cascade Wcxx1 Products I. L C ORC: Randall Craig Jarrell
GRADE: WIN-4, OR(' IIAS CHANGED: No
el)MR PIsRIOD: 02.2018IFtftiary 20181
COMPLIANCE. STATUS: Non -Compliant
ORCICcrtifici Signature: Randall
VERSION: 1.0
CON'rACT PHONE k: 9192102,500
PERmrr STATUS: Active
COUNTY: Chalhain
ORC CERT NUNIMR. 7937
STATUS: Processed
SURMISSION DATE: 0312812018
0108/2019
Craig Jarrell G-�1ail:biuwaterC'aol.com Phone #-.919-210.2500 Date
13y tills signature. I certify that this report is accurate and ecnnple(c to the hest of my knowledge.
'file permittee shall report to the Director of the appropriate Regional 011 ice any noncompllance that potentiall) threatens public health or the envitonment.
Any udormation shall he provided orally within 24 hours from the time the perinrttee hecame.mare of the circunnstances. A w•riucn subnussutn shall list) he
provided within 5 days of the time the permittee becomes aware of the circuntatances.
If the facility is noncompliant, please attach a list heing taken and a time-lable for improvement, to he made as required by part 11.E-6 of
the NPDES permit. }
03/2912018
Pernliuee/Suhrnitter Signature:*'* Brian Wade Van Gelder G-Mail:hrianvangcldcrf l5c.c{>m Phone #:803-385-4957 Date
Perrnittee Address: 306 Corinth Rd Moncure NC 27559 Pcrma Expiration Date- 05/31/2021
l certily, tinder penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure That qualified personnel properly garner and evaluate tine intilmlation submitted. Based oil my inquii- of talc person of persons who managed the
system, or those persons directly responsible for gathcring the inforulalion, the information suhmined is, to the hest of my knowledge and belief, true.
acetu'ate, and complete. I am aware that there are significant penalties for atIbillMing false infornlanon, including the possibility of fines and imprisonment for
knowing Violations.
CERTIFIED LABORATORIES
LAR NAME: I:nv[ronmental Conservation Lahorworic%.Iac
CERTIFIED I.A13 h: 591
PERSON(s) COLLECTING SAMPUS: Randall Jarrell
PARAMETER CODES
Parameter Code assistance may he obtained h) calling the NPDLS Unit 019) 807.6300 or by visaing hop:llportal.ncdcilr.U3'g/web/wglswplpslnpdesllorlt}s.
1'00'fNOTHS
UNC only onus of rtcasurement designated in 111C repol'ling lacilily's NPDCS permit for reporting data.
" No Flow/Discharge From Site: Check this box :'no discharge occurs and, a- a result, thcie are no data to he entered for all of the parameters on the DMR
10l' erltll-C olonilot'Ing period.
"ORC on Site?. ORC nwst visil facilit) and document s isitation of facility as required per 15A NCAC 8G .0204.
«' I Signature of Permittec: If signed by other than the permittee, lien delegation of the signatory authority trlust he on Isle a ith the slate per I5A NCAC 2B
0506(h)(2)(D).
Permit NCO023442
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute I43-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Boise Cascade Wood Products, LLC
is hereby authorized to discharge treated wastewater from a facility located at the
Moncure Plywood WWTP
306 Corinth Road (NCSR 1916)
Moncure
Chatham County
to receiving waters designated as an unnamed tributary to the Haw River in the Cape Fear River Basin
in accordance with effluent Iimitations, monitoring requirements, and other conditions set forth in Parts
I, II, III and IV hereof.
This modified permit shall become effective ..................... June 1, 2016.
This permit and authorization to discharge shall expire at midnight on May 31, 2021.
Signed this day .......... April 18, 2016.
'S: Jay Zimmerman, P.G.
/ Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8
Permit NCO023442
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
a. During the period beginning on the effective date of this permit and lasting until receipt of the
Engineer's Certificate for the new treatment works, or until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored 1 by
the Permittee as specified below:
EFFLUENT
LIMITS
MONITORING REQUIREMENTS .
CHARACTERISTIC
Monthly
Daily
Measurement
Sample
Parameter Code
Avera e
Maximum
Frequency
Sample Type
Location
Flow 50050
0.008 MGD
Weekly
Instantaneous
Influent or
Effluent
Dissolved Oxygen 00300
Daily average > 5.0 mg/L
Weekly
Grab
Effluent
Temperature (°C) 00010
Weekly
Grab
Effluent
Total Residual Chlorine 2 50060
17 µg/I
2/Week
Grab
Effluent
BOD, 5-day (20°C) C0310
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Total Suspended Solids C0530
90.0 mg/L
135.0 mg/L
2/Month
Grab
Effluent
Fecal Coliform
31616
(geometric mean
200/100 ml
400/100 ml
2/Month
Grab
Effluent
pH 00400
2: 6.0 and < 9.0 standard
2/Month
Grab
Effluent
units
NI-13 as N C0610
2/Month
Grab
Effluent
Total Kjeldahl Nitrogen
00625
TKN)
Quarterly
Grab
Effluent
NO2 as N+NO3 as N 00630
Quarterly
Grab
Effluent
Total Nitrogen 0600
(NO2 as N+NO3 as N+TKN
Quarterly
Calculated
Effluent
Total Phosphorus C0665
Quarterly
Grab
Effluent
Footnotes:
1. Starting December 21, 2016 begin submitting discharge monitoring reports electronically using NC
DWR's eDMR application system. See Special Condition A. (5.) ELECTRONIC REPORTING OF
MONITORING REPORTS.
2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in
compliance with the permit. However, the Permittee shall continue to record and submit all
values reported by allorth Carolina certified laboratory (including field certified), even if these
values fall below 50 µg/L.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 8
Water Resources
ENVigONMENTAL MAUTY
Certified Mail # 70172680000022193875
Return Recei t Reguested
May 15, 2018
Brian Cullen, East Manager Region
Boise Cascade Wood Products h L C
PO Box 1110
Chester, SC 29706
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0321
Permit No. NCO023442
Boise Cascade Wood Products, LLC
Chatham County
Dear Permittee:
ROY COOPER
Governor
AIICHAEL S. REGA.N
Secre[arp
LINDA CULPEPPER
Atervn D1rcxtor
A review of the February 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location
001 Effluent
uul Ernuent
001 Effluent
Parameter
Nitrogen, Ammonia Total (as
N) - Concentration (C0610)
Nitrogen, Ammonia Total (as
N) - Concentration (C0610)
Limit Reported
Date Value Value Type of Violation
2/5/2018 20 23 Daily Maximum Exceeded
2/19/2018 20 21 Daily Maximum Exceeded 4-
Nitrogen, Ammonia Total (as 2/28/2018 4 22 Monthly Average Exceeded
N) - Concentration (C0610)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of Norlh Carolina I Environmental Quality I Water Resources
1628 Mail Service Center, Raleigh, \C 27699- I628
919-791-4200
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the
Raleigh Regional Office at 919-791-4200.
Sincerely,
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
Brian Van Gelder, Moncure Plywood LLC, 306 Corinth Road, Moncure, NC 27559
Stole ol'\brlh Carolina I Ctivirantneatal Quahtg 11'110r RCSOIIMCS
1628 klail Service Center. Raleigh, NC 27099-1628
919-791-4200