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HomeMy WebLinkAboutNC0023442-Historical-LV-2018-0118_20171206DIVISION OF WATER RESOURCES - CIVIETRO- A' LTY ASSESSMENT Violator: Boise Cascade Wood Products L L C Facility Name: Boise Cascade Wood Products, LLC Permit Number: NC0023442 County: Chatham Case Number: LV-2018-0118 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of th State, tot public health, or to p iv property resulting from the violation; L4 D -,L�I r �� er No known damage to environment, public health or private property !/ 2) The duration and g 4vity of the violation; Two daily maximum exceedef[- r fecal. 3) The effect on ground or surface water quantity or quality or on air duality; Not documented. 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 eight CPAs in the past year. 8) The cost to the State of the enforcement procedur".--",\ $37.78 Date Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ �;r:: _ , � _ ��� �' H. ,r Pc P+ "I Porte Y ,� PemeN Remission Peelor '-Cotledio� Settlement forma! Paad- � i - -- RelaltdCases Comments Evens _ Op6amd , SUMM24 Related-Aolatlons PenakAssessed - .__ . RBNew Case Number t Y-20114118 HOV N0Y-2018-LY4099 NOD; Silalr ProjediY. Permit W0023142 Dglall6 SOC- AD: Monitoring Romt;11.2017 Da FadtA%Gde slenourePhweod : ejaes. Region: Raleigh County ceatham 7 Owner EortoCascade Wood Products LLI Delafls. Indtlent InspectDL CenralOMce Loge! Date Cer ia1014co Cordact Comments: °jl rloge 7 a 7 Q—W ReoionalConlact IDang,Cheng — ENorcemenlCerdact GdanWYanGeWer .� Salutationlorl-etler PenaerAssessed Date G61132018 Remission Request EMC Hoang Data, LelerDale' 06M3018 RemisslenAWrowledged- RenessionAmount PenatjAmourd 330D01) Ent Carl Date, EMCResulsRerow Damages M.00 Remission Amount I EldolcemenlCost.$37.70 Ent. Cad Leler Date' Petltlonknom' Total Case Penaty. $33778 Fad* Raid. EN.Con! Ur_ _ Remi$$IonArnourR Facild7ReceivedM: 08127261E Total knountDuo; 56.00 Case to Collection: Response Duo Of b7/d212O18 Total Amount Paid S33778 SelementRequesloct Case Closed. �?P%Qols— Ranch +'aye tY NPDF.S PERMIT NO.: NCO023442 PERMI'J VERSION: 4.0 KRN11"1'SI'A'1'US: ActivC FACILITY NAME: Moncure Plywood CLASS: WW, t "1'1': Chatham ��OR OW\F,R NAME: Boise Cascade Wood Products L L C ORC: Randall Craig Jarrett ^' ' E RT \UMBER: 7937 GRADE: WW 4. ORC HAS CHANGED: No _ DEC flh 2017 eDiL1R PERIOD: 10-2017 (October 2017) ► ERSION: 1.0 C�� � F�t`� �f�SfiIVTS: Processed OWR SECTJO�l SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO .... No Reporting Reason: IiNFRUS1i - No Flow-Rcuse: Recycle; E,\V WTIIR = W %'isitalion - Adverse Wcathcr; NOFLOW - No Flow; 1101JDAY = No Visitation - I[oliJay NC Dept Of i Ili'li't;iltllCl'i! Sf 11lt 1�1i\ i--c I; , t � Raleigh Rc�i�3tui4 t)f�'Ice �'PDFS PERMIT NO.: NC0023442 PERMIT VERSiI)N: 4.0 FACILITY NAME: Mencure Plywood CLASS: Ww'- I OWNER NAME: Busse Cawadc Wood Products 1. 1,C ORC: Randall Cras4 Jarrell (TRADE: WW-4, ORC HAS CHAN(:ISI): No eDN,IR PERIOD: 10-2017 (October 2017) VERSION: 1 U COMPLIANCE STATUS: Non-Cumpliant CONTACT PRONE #: 9192102500 PERMIT STATUS. AtAive l'OUNTi': Chatham ORC CFRT NUNHIF.R: 7937 STATUS: ProLvssed SUBMISSION DATE: i 1/29/2017 11/28/2017 ORC/Cerlifier Signature: Randall Craig Jarrell E Mail:biouatcrC'aal.ronh Phone #,919 210-.2500 B) lhis signature, I certify that this report is accurate and complete to the best of my knowledge. the permittee shall report to the Director or the appropriate Regional Office arty noncompliance that potentially threatens public health or the environnhcnl. Nny information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee become, aware of the circumstances. if the facility is noncompliant, please attach a list of corrective actions being taken and a time -tabu for improvements to be made as required by part ILE.S of the NPDES permit. N 1 1/28/2017 Perm itteer<Submitter Signature:*** Brian Wade Van (icldcr E-%Itil:brianvangeldcr@bc.cam Phone #:803 385 4957 Date Perm i[tee Address: 306 Corinth Rd Moncurc NC 27559 1'crrtnt Expiration Date: 05/31."2021 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance a ith a s) stem designed to assure that qualified personnel property gather and evaluate the information submitted Based (in my tnqutry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the befit of my knowledge and belief, true, accurate, and complete- I am aware that there are signtftcant penalties for submitting false information. including the possibility of fine% and imprisonment for knowing violations - CERTIFIED LABORATORIF-S LAB NAME: Environmental Conservation Laburaorics, Inc CERTIFIED LAB 0. 591 Pl-'RSON(s) COLLECTING SAMPLES: Randall Jarrell PARAMETER CODES Parameter Code assistance may be obtaine:l by calling the NPDFS Unit (919) 807-6300 or by visinnJ; hup:l/por[al ncdetnr.org+sveb/aylswp/pshnpdec/k�r,m- Use only units of measurement designated in (he reporting facility's NPDFS permit for reporting daw. ' No Flow/Discharge From Site: Check this box if no discharge occurs and. as a result, there are no data to be entered for all of the parameters on the DMR for entire rnonitoring period. *' ORC on Site9: ORC must visit facility and document s isitation of facility as required per I5A NCAC 8G .02W. '-- Signature of permittee; 11`signed by other than the permittee, [hen delegation of the signatory authority must be on file with [lie %talc per l5A NCAC 213 0506(b)(2)(D). Permit NCO023442 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERM[ TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute l 43-215.1, other lawful and regulations Promulgated and adopted by the North Carolina Environmental Mana ernlards e l Commission, and the Federal Water Pollution Control Act; as amended, g 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 recei, ing Nvaters designated as an unnamed tributary to the Haw River in the Cape Fear River Basin in accordance ��-ith effluent limitations, rnoriitoring requirements. and other conditions set forth I, H. III and IV hereof. in Parts This modified permit shall become effectil-e ... . .................February 14; 2017. This pennit and authorization to discharge shall expire at midnight on May 31, 2021. Signed this day .......... April 18, 2016. Jay Zimmcl a r. P.G. �} hector, sion of Water Resources B)' Authority of the h.r» iror1mental Management Commission Page 1 cif 8 Permit NCO023442 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] a. During the period beginning upon receipt of the Engineer's Certificate for the new treatment works, and lastlllg until expiration, the Perirlittee is authorized to discharge from outfa] Sucll discharges shall be limited and monitored ' by the Perrllittee as specified below.. I OOI. EFFLUENT LIMITS CHARACTERISTIC MONITORING REQUIREMENTS Paranletei- Code Monthly Daily Measurement Average Maxirnuln Frequency Type Sample TSample Flow � 0050 0.008 MGD Location Dissolved Ox en Weekly Continuous Effluent Yg 00300 Daily average > 5.0 m L Temperature (°C) 00010 g weekly Grab Effluent BOD, 5-da 20°C Weekly Grab Effluent Y ( ) C0310 3 0.01ng-1 45.0 m L Total Suspended Solids C0530 30.0 mg/L 45.0 In i weekly Grab Effluent Fecal Colifonn g'L Weekly Grab Effluent (geometric mean) 31616 200.: 100 In] 400.1 00 rnl Weekly Grab Effluent pH 00400 6.0 and < 9.0 standard NH3 as N units Weekly Grab Effluent (April I —October 31) C0610 2.0 10.0 2.'Month NH3 as N Grab Effluent (November 1 — March 31) C0610 4.0 20.0 .-. Month Grab Effluent Total Residual Chlorine 2 50060 Total Kjeldahl Nitrogen 17 pg/L 2.:Wcek Grab Effluent (TKN) 00625 Quarterly Grab NO2 as N+NO3 as N 00630 Effluent Total Nitrogen Quarterly Grab Effluent W02 as N+NO3 as N+T"T) 0600 Quarterly Calculated Effluent Total Phaspllorus C0665 Quarterly Grab Effluent Footles: 1. Starting December 21, 2016 begin subiniitin r discharge DWR's eDAIR application system. See Special C`ar clition A. {5�)oE1LECTRONICtREpOR using NC MONITORING REPORTS. TING OF 2, If chlorine or a chlorine derivative is used then the Total Residual Chlorine nlanitorirl limit immediatcly apply. The Division shall consider all effluent TRC values reported belowd 50 Vg/L to be in corlll]llallce with the permit. However. the Perillittee shall continue to record and submit all N'alues reported by a North Carolina certified laboratory (includin certified). even if these values fall below 50 pg/L. b field b. There shall be ncx discharge of floating solids or visible foam in other #]lair trace anloul its. Page 3 of 8 Water Resources ENVIRONMENTAL QUALITY Certified Mail # 70163S600000442826S1 Return Receipt Requested January 22, 2018 Daniel Hutchinson Boise Cascade Wood Products L L C 1111 W Jefferson St Boise, ID 83728 ROF COOPER [r01 Et7lGT 1\11CHAEL S REGAN Secrelan. LINDA CULPEPPER L feri art Di? ec ro? SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0062 Permit No. NCO023442 i + Moncure Plywood v Chatham County � Dear Permittee: A review of the October 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violations : Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 10/9/2017 6 5.92 Daily Minimum Not Reached 001 Effluent pH (00400) 10/23/2017 6 5.68 Daily Minimum Not Reached 001 Effluent Nitrogen, Ammonia Total (as 10/30/2017 10 20 Daily Maximum Exceeded N) - Concentration (C0610) 001 Effluent Nitrogen, Ammonia Total (as 10/31/2017 2 10.13 Monthly Average Exceeded N) - Concentration (C0610) t; XA;+ A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215A 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 North Carolina I Environutental Quality l IVater Resources 1628 iblail Service Center, Raleigh, NC 27699-1628 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 -eview 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 State orNorth Carolina I E=nvironmcrttat Quality i Water Resources 1628 Mail Scrlice Center, Raleigh, NC 27699-1628 919-79 i -4200 Water Resources ENVIRONMENTAL QUALITY Certified Mail # 70172680000022194278 Return Receipt Requested June 13, 2018 Brian W Van Gelder, East Environmental Manager Region Boise Cascade Wood Products L L C 306 Corinth Rd Moncure, 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. NCO023442 Boise Cascade Wood Products, LLC Case No. LV-2018-0118 Chatham County Dear Pennittee: ROB' COOPER Gore or i•IICI-AEL S- REGAN ��cr�trvz LTVDA CULPEPPER Interim Director u-#AJ RA0 r This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S337-78 (300.00 civil penalty + $37.78 enforcement costs) against Boise Cascade Wood Products L L C. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DiVIR) submitted by Boise Cascade Wood Products L L C for the month of November 2017. 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 occulTed in November 2017, are summarized in Attachment A to tills letter. Based upon the above facts, I conclude as a matter of law that Boise Cascade Wood Products 1, L C violated the terms, conditions or requirements of NPDES WW Permit No. NC0023442 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 (lie above findings 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 tltc Division of Water Resources, 1, Danny Smith, Regional Supervisor, Raleigh Regional Office hereby make the following; civil penalty assessment against Boise Cascade Wood Products 1, L C: State of north Carolina E F-IMIO11HIC11 al Quality water RC}Llml:cs 1628 Mail Service Center, Raleigh, NC 27699-162R 919 791-4200 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. i. Article Addressed to: BRIAN W VAN GELDER, EAST REGION BOISE CASCADE WOOD PRODUCTS 306-CORINTH RD MONCURE, NC 27559 NCO023442 LM-2018-0029.LV-20018.0118 06/15/2018 MAILED. 0611312018 ZHANG A. Signature X f *, B. Received fed e}�Q,h. v�tsO�R D. Is dellve dllferg�t~� e/ es If YES, fiery adder 7p O O lye Q Yes No III [lilt 11111111111111111111111111111111111111 3. sort ❑ Adult 9590 9402 1703 6053 0126 82 o ccerutii C1 Cer11i ❑ Calls 2. Article Number (Transfer from service labeq ❑ CO 7017 2680 11000 2219 4278 ��° PS Form 3811, July 2015 PSN 7530-02-000-9053 1EMali 9 iic�f for �rftY r oo,37%.00n�, �af MAIL'CERTIFIED ■ � I ruoil � * I r-1 U d Mail Fee fir .s �+w tra Ices, gees (check box eW rages C3 M1 I� Relum ReCglpt (har�uPYI 5 p — Q ❑ Retum Receipt (electm $ ©trcte certified Mail Resd Delivery § POStmark © []Adult Signature Required S Here ❑Adult Signature Restricted oelh�ory C3*Postage EO $ BRIAN W VAN GELDER, EAST REGION "a otaT+ol BOISE CASCADE WOOD PRODUCTS ru 306-CORINTH RD Iti Senr7o MONCURE, NC 27559 _ ri NCO023442: LM-2018-0029:LV-20018.0118 CJ [Si4i5l art 06/1512018 MAILED: 0611312018 ZHANG �ify, Srstc. $300.00 2 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 Permit Daily Maximum for Coliform, Fecal MF, NIFC Broth, 44.5 C $300.00 TOTAL CIVIL PENALTY $37.78 Enforcement Costs S337.78 TOTAL ANIOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the bindings 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 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 inchufe 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 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 wily 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 14313-282. 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 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 remissionyou must cam lete and submit the enclosed "Request for Remission of Civil Penalties Waiver of Ri ht to an Administrative Hearing and Stipulation of Facts" form within thirty 30days 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 Seii-ice Center Raleigh, North Carolina 27699-1617 Option 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 mast 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 (ifa filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business clays following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all qUestions regarding the filin 7 fee anchor the details of the tiling 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 DCQ 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) clays of receipt of this letter, as evidenced by an integral 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 Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhang@iicclenr.gov. neclenr.gov. Sin erel.y, l��/mod 1 Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ A`I"I-ACI IMI-N'1'S Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Central Files G ATTACHMENT A Boise Cascade Wood Products L L C CASE NUMBER: LV-2018-0118 PERMIT: NCO023442 FACILITY: Boise Cascade Wood Products, LLC LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date MonthfYr Parameter 11/13/2017 11-2017 Coliform, Fecal MF, MFC Broth, 44.5 C 11/20/2017 11-2017 Cafiform, Fecal MF, MFC Broth, 44.5 C REGION: Raleigh COUNTY: Chatham Unit of Limit Calculated % Over Violation Frequency Measure Value Value Limit Type Weekly #1100m1 400 2,420 505.0 Daily Weekly 9I100ml 400 2,420 505.0 Maximum Exceeded Daily Maximum Exceeded Penalty Amount $150.00 $150.00 r� JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2018-0118 County: Chatham Assessed Party: Boise Cascade Wood Products L 1. C Permit No.: NCO023442 Amount Assessed: $337.78 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an ,dchninistraiii•e 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. § 14313-282. l (c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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. I (b) were wrongfully applied to the detriment of the petitioner (the a.ssessinent f stars are listed in the civil penalty- assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., ex7)lain the steps that you took to correct tht: violation and In-eventf tture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., cxj*tin whly the violation was unavoichable o1- ,soniethingyott coidel not p1'event or prepal'8 fo1); (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 ho►v paylylvjit of the civil penalty iti-ill prevent you r•oni pe1Jo1-ming the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMEN I' 01= ENVIRONMFN'I'AL QUALITY COUNTY OF CHATI [AM IN Tim MATTER OF ASSESSNIE.N"f ) WAIVER OIL RIGHTTO AN OF CIVIL PENA[.TIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION Oh FACTS Boise Cascade Wood Products L L C ) Boise Cascade Wood Products, LLC ) PERMIT NO. NCO023442 ) CASE NO. LV-2018-0118 Having been assessed civil penalties totaling $337.78 for violation(s)as set forth in the assessment document of the Division of Water Resources dated June 13, 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 a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the clay of ADDRFSS I'ELEPI-IONE SIGNATURE , 20_ r r r r r r r r r r r r r r r r r r p O O O O O Q p O O b iD lO c0 [O rp fO d OD J Y J V O 5i1 pQp W (OT S W O w to fd0 td0 m N 0 0 00 0 o o 0 0 0 6 0 0 0 0 0 0 0 S q N W O N W N W N N N W O N a W W V w O W O W O N N V p N A b co N A W t0 C. N w [O V N w O W OI co m j A � m O 7 ^! 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O 0) O <O (n O J + N O Oo CDO OG m O m S N O 11 CL a N d w n VI O 41 O 4A O in O IN O V1 O Ni d 4i O di O 41 O bl O w O di O df O di O d4 O 4f O W O 64 d m N N co O O O O O O O O C. IDO d O b O G O O O O O O O O O O C O O O O O O O O C r O b � K S z z z z z z z z z Z z z z Z z z z z z + 3 o D O O O O O O O O O O O O O O O O O m w O b C> O C0 ON1] O N y N m O O O p O O f� fP iG f0 Wa m V V V Y d m O] W A O co co to w [p W N co co r w A O i N N {yy � New [mil W N W W c co L V N Vy N Y Y +l m W 00 C 00 Z 0 Z 0 Z 0 Z 0 Z 0 NPUN:5IPER\ll'1' \O.: IvC00234I2 PERNII'I- VERSION: 4-0 R � � PER,MI'l S'l ATUS: Active 1_ FACILITY NAttiIE: Moncure Plywood CLASS: WW i COUNT Y. Chatham ` OWNER NAME: Boise Cascade Wood Products L LC ORC: Randall Craig Jarrell JAN 11 2013 ORC CERT NUMBER: 7937 GRADE: W W-4. ORC HAS CHANGED: No ulLn ^rF,T41. I eDVIR PERIOD: 11-2017 (November2017) VERSION: 1.0 i W1��111�i„1 Aid( f'F���' S'rATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO *'•* No Reporting Reason: GNFRUSE. - No Flogs-Rcuse'Recycle; rNVWTHR = No Visitation —Adverse Wcather; NOFI,OW= No FloLs; II01.1DAY - \o Vtsitat-on - Ilol:day NC Dept of Environmental QLM%ity JAN 16 ZEE' Raleigh Regional Office I NPIIF.S PERMIT NO.: NCW23442 PERMIT VERSION: 4 0 PERAII'I' STATUS: Active FACILITY NAME: Moncure Plywood CLASS: WW-I COUNTY: Chatham OWNER NANIE: Boise Cascade Waid Products L 1. C ORC: Randall Craig Jarrell ORC CERT NUMB$R• 7937 GRADE. wW-4 ORC HAS CHANGED; No el)htR PERIOD: 11-2Ut7 (November 2017) VERSION: 10 STATUS: Processed COMPLIANCE STATUS: Non-C� ompltant CONTACTPHONE #: 9192102500 SUBMISSION DATE. 12/1512017 ( L 12/15/2017 ORC/Certifier Signature: Randal. Craig Jarrell E-Vfail.hioualcr@aot.com Phone #:919-210-2500 Datc By this signature, I certify that this report is accurate and complete to the best of my knowledge. The pennittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours trom the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becornes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.G of the NPDES permit. 12/15/2017 Permruce/Submitter Signattire"'* Brian Wade Van Gelder E-Mail:brianvangelderCa)bc.cont Phone #:803-385-4957 Date Permittec Address- 300 Corinth Rd Moncurc NC 27559 Permit Expiration Date 05/31/2021 1 certify, under penalty of law, that this document and all attachments were prepared tinder my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the intormatron suhnutted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations CERTIFIED LABORATORIES LAB NAME: F ivironnicnial Conservation Laboratories. Inc CERTIFIED LAB #: 591 PERSON(s) COLLECTING SANIPLES: Randall Jarrell PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting hup:ilporLal.ncdeiir.org/web/wq/swplps/npdcs/ft)rms, FOOTNOTES Use only units of nncastiremcnt designated in the reporting facility's NPDES permit for reporting data. ' Nv FlowlDischarge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DNIR for entire monitoring period •" ORC on Site?- ORC must visit facility and document visitation of facility as required per 15A NCAC 8G -0204. *" Signature of Perrnittec: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B 0506(b)(2AD), Permit NCO023442 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES TO DISCHARGE WASTEWATER UNDER THE ONAL POLLUTANT DISCHARGE ELIMINATIO In compliance with the provisions of North Carolina General Statute 143-215.1, 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 receilving waters designated as an unnamed tributary to the Haw River in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This modified pen -nit shall become effective ...... ...............February 14, 2017. This permit and authorization to discharge shall expire at midnight on May 31, 2021. Signed this day .......... April 18, 2016. f May Zimme44wag"'P.G. U irector, Division of Water Resources By Authority of the Environmental Management Commission Page I of 8 1 Permit NCO023442 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 115A NCAC 02B .0400 et seq., 02B .0500 et seq.] a. During the period beginning upon receipt of the Engineer's Certificate for the new treatment works, and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored ' by the Permittee as specified below: EFFLUENT LIMITS CHARACTERISTIC Parameter Code Monthly Daily Average Maximum FIow 50050 0.008 MGD Dissolved Oxygen 00300 Daily average > 5.0 mg1L Temperature (°C) 00010 BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Fecal Coliform (geometric mean) 31616 200/100 ml 400." 100 ml pH 00400 > 6.0 and < 9.0 standard NH3 as N units (April I —October 31) C0610 2.0 10.0 NH3 as N (November I — March 31) C0610 4.0 20.0 Total Residual Chlorine 2 50060 17 pg/L Total Kjeldahl Nitrogen (TKN) 00625 NO2 as N+NO3 as N 00630 Total Nitrogen (NO2 as N+NO3 as N TKN} 0600 Total Phosphorus C0665 MONITORING REQUIREMENTS Measurement Frequency Sample Type Sample Location Weekly Continuous Effluent Weekly Grab Effluent Weekly Grab Effluent Weekly Grab Effluent Weekly Grab Effluent Weekly Grab Effluent Weekly Grab Effluent 2/Month Grab Effluent 2iMonth Grab Effluent 2/Week Grab Effluent Quarterly Grab Effluent Quarterly Grab Effluent Quarterly Calculated Effluent 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. If chlorine or a chlorine derivative is used then the Total Residual Chlorine monitoring and limit immediately apply. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the Pen -nit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 pg/L. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 8 G7Y Water Resources ENYWOMMEWAL QUAt_aiv Certified Mail # 70163560000044282699 Return Receipt Requested February 2, 2018 Daniel Hutchinson Boise Cascade Wood Products L L C 1111 W Jefferson St Boise, ID 83728 ROY COOPER Goverwr NffCHAEL S- REGAN Secrelrvy- LINDA C:LILPEPPER Interim Director ri a e 4A G• SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0099 Permit No. NCO023442 Boise Cascade Wood Products, LLC Chatham County Dear Permittee: A review of the November 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter 001 Effluent 001 Effluent Limit Reported Date Value Value Type of Violation Coliform, Fecal MF, MFC Broth, 11/13/2017 44.5 C (31616) Coliform, Fecal MF, MFC Broth, 11/20J2017 44.5 C (31616) 400 2,420 Daily Maximum Exceeded CSO'SpIO c7Y', :+) -_ 400 2,420 Daily Maximum Exceeded 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 Noith Carolina Environment l Quality Water Resources 1628 NIaR Service Center, Raleigh, NC 27699-1628 919-791-4200 f 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 •eview of your response will be considered along with any information provided on the submitted Monitoring �eport(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no -esponse is received in this Office within the 10-day period, a civil penalty assessment may be 3repared. remedial actions should have already been taken to correct this problem and prevent further occurrences in the �uture. 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 onsent. Reminder: Pursuant to Permit Condition b 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 l_I_C, 306 Corinth Road, Moncure, NC 27559 State ol'Noith Carolina E mnironmental Quality I Winer Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200