NC0023442_LV-2018-0191_20180807

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Environmental tal Qu ry
MICHAEL S_REGAN
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LINDA CULPEPPER
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Certified Mail#70172680000022360178
Return Receipt Requested
August 07, 2018
Brian W Van Gelder, East Region Environmental Manager RECEIVE®/®ENR/®UVR
Boise Cascade Wood Products L L C
306 Corinth Rd AUG 13 .2018
Moncure,NC 27559
Water Resources
Permitting Section
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.NC0023442
Boise Cascade Wood Products L L C
Moncure Plywood WWTP
Case No. LV-2018-0191
Chatham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$537.78 ($500.00 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
(DMR) submitted by Boise Cascade Wood Products L L C for the month of January 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 January 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.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).
North Carolina Department of Environmental Quality. I Division of Water Resources
1628 Mail Service Center,Raleigh,NC 27699-1628
919-791-4200

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the IP
Secretary of the Department of Environmental 9uality and the Director of the Division of Water Resources,I, Danny
Smith,Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Boise
Cascade Wood Products L L C:
$500.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0023442, by discharging waste water
into the waters of the State lin violation of the Permit Monthly Average for Nitrogen,Ammonia
Total(as N)- Concentration.
$500.00 TOTAL CIVIL PENALT
$37.78 Enforcement Costs
$537.78 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in deteimlning t e 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 n tural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and.gravity of the violati n;
(3) 'Th'e effect on ground or surface water ,uantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by nonco pliance;
(6) Whether the violation was committed villfully or intentionally;
(7) The prior record of the violator in com lying or failing to comply with programs over which the Environmental
Management Commission has regulate ry authority; and
(8) The cost to the State of the enforceme II t 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 admini trative hearing
Option 1: Submit payment of the penal :
Payment should be made directly to the ord-r 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 :ranch
Division of ater Resources
1617 Mail Service Center
Raleigh,No h Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
f 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 admimstrative hearmg,
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 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 wnting. 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 Right to an Administrative Hearing, and Stipulation of Facts"faun within thirty(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