Loading...
HomeMy WebLinkAboutNC0000272_Compliance_20191007WDES DOCYNEMI' ►CANNING COVER SNMEE'I' NPDES Permit: NC0000272 Canton Mill WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Compliance Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: October 7, 2019 This document is printed on reuBe paper - ignore aaiy content on the rem ew-ae emide Water Resources ENVIRONMENTAL QUALITY October 7. 2019 ROY COOPER cow., MICHAEL S. REGAN Secretary LINDA CULPEPPER Dbector CERTIFIED MAIL ITEM 7015 0640 0007 9833 5929 - RETURN RECEIPT REQUESTED Mr. Wallace McDonald Evergreen Packaging P.O. Box 4000 Canton, NC 28716-4000 SUBJECT: CIVIL PENALTY REMISSION REQUEST Canton Mill WWTP Permit NC0000272 Case LV-2019-0121 Haywood County Dear Mr. McDonald: I have considered the information submitted by your municipality in support of a request for remission in the subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the original civil penalty assessment of $469.59. `� (,i4, : I m If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of e�� receipt of this letter. Please make the check payable to NC DEQ. If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A (1), your request for remission of the civil penalties (with supporting documents) and my recommendation to deny the request will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to: Mr. Charles H. Weaver NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Your request for an oral presentation and the documents in this matter will be reviewed by the. EMC Chairman and, if it is determined that there is a compelling reason to require an oral North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-3699 l NC0000272 Remission Decision Page 2-6f S presentation from you, .you will be notified by certified mail of the date, time, and place that your oral presentation,can be made. Otherwise, the final decision on your request for remission will be - made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Mr. Weaver at (919) 707-3616 or charles.weaver@ncdenr.gov. Sincerely, r inda Culpepper Director, Division of Water Resources cc: NPDES file UNITED $TATES2(3,g.') }('S1ii First -Class Mail I II II Postage & FeesPaid I uspPerms 0 No. • Sender: Please print your name, address, and ZIP+4® in this box• VJ OCharles H. Weaver o Z NC DENR / DWR / NPDES Unit a 1617 Mail Service Center U.J 00 0 Raleigh, NC 27699-1617 U 11111111111111111111111111111111111111111111 9590 9401 002Yi3OO1h� l� H1111" III I'1"'11"11illll'IIIII6Ili'll ■ Complete items 1, 2, and 3. `'X. n. - at Ire ■ Print your name and address on Ula reverse X Agent so that we can return the card to you. ❑ Addresser ■ Attach this card to the back of the mailpiece, B. Received by (Printed Name) CIOD o Deliver) or do the front if space permits. 1 1 // D%I? delivery address different from Item 1? ❑Yet Evergreen Packing ; If YES, enter delivery address below: ❑ No Attn! Wallace McDonald PO Box 4000 Canton, NC 28716 Il I Illill I'll I'lll II (IIII (IIII III II IIII IIII III 3 uNiCe Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Regeteretl Mail" ❑ Adult Signature ResMcted Delivery ❑ Registered! Mail Restddi ❑ Certified Mail® Delivery 9590 9401 0023 5071 0364 22 OCertifietl Meil Restri ed Delivery ❑Return Receipt for ❑ Insured Me slivery Menature se Delivery Restricted Delivery D Signature Confirmation*' 7015 0640 0007 9833 5929 ,;l oSignature conn motion - -- - -- - -- it Restrcted Delivery Restricted Delivery (over $SW) PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: [LV-2019-01211 Region: [Asheville] County: [Haywood] Assessed Entity: [Evergreen Packaging / Canton Mill] Permit: NC0000272 ✓ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Pemduee States: The Town of Canton did not properly disinfect its wastewater prior to sending it to the Evergreen WWTP. DWR Response: There have been 18 Fecal Coliform violations since June 2012. The Division has issued four CPA's and three NOV's. The facility has stated its investigation into this CPA (LV-2019- 0121 showed Fecal Coliform came from the Town of Canton and the Mill chip yard. They did remedial work on the problem. Due to the continued Fecal Coliform violations over the past seven years, the ARO does not recommend remission. ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: ❑ (c) Whether the violation was inadvertent or a result of an accident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied V$f Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Original Penalty (without Enforcement Costs) $ (enter amount) Partial Remission ❑ % or $ (amount remitted) Subtotal Retaining Enforcement Costs Total Revised Assess t $ JQ 1 mda Culpepper ate evergreen packaging July 10, 2019 Canton Office PO Box 4000 • Canton, NC 28716 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 3090 0001 6626 2740 Director of Division of Water Resources Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Re: 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. NC 0000272 Blue Ridge Paper Products, Inc. dba Evergreen Packaging / Canton Mill Case No. LV-2019-0121 Haywood County Dear Ms. Linda Culpepper: Evergreen Packaging is in receipt of your letter of June 10, 2019 assessing a civil penalty and enforcement costs for a fecal coliform violation on July 24, 2019. On May 14, 2019, Evergreen sent you a letter describing the circumstances that gave rise to the violation. As you are aware, the Town of Canton discharges its wastewater to Evergreen's Wastewater Treatment Plant. The Town is supposed to disinfect / chlorinate its wastewater prior to discharging to the Evergreen system; however, the system the Town had in place in July 2018 did not have sufficient capacity or retention time to disinfect the waste. Accordingly, the Town of Canton's wastewater was not properly disinfected on that day prior to discharging to Evergreen's Wastewater Treatment Plant. Evergreen does not contest that the violation occurred. The violation mainly resulted from the Town of Canton's failure to disinfect its wastewater. Evergreen requests remission of the civil penalty. In support of its request for remission, Evergreen has completed and encloses with this letter, the "Request for Remission of Civil Penalties / Waiver of Right to an Administrative Hearing and Stipulation of Facts" and the "Justification for Remission Request. " evergreen'. packaging Canton Office PO Box 4000 • Canton, NC 28716 Evergreen appreciates your consideration of its request. Sincerely, 0hpl�L( Wallace McDonald General Manager Canton & Waynesville Operations cc: Landon Davidson, NCDEQ - DWR Town of Canton W., 91MMU COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Blue Ridge Paper Products Inc Canton Mill PERMIT NO. NC0000272 DEPARTMENT OF ENVIONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2019-0121 Having been assessed civil penalties totaling $469.59 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 10, 2019, 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 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 thirty (30) days from the receipt of the notice of assessment. This the 10 day of July 92019 I�Jiulk��kl - L___0 SIGNATURE ADDRESS Blue Ridge Paper Products Inc 175 Main Street Canton, NC 28716 TELEPHONE 828-646-2000 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2019-0121 County: Haywood Assessed Party: Blue Ridge Paper Products Inc. Permit No.: NC0000272 Amount Assessed: $469.59 Please use this form when requesting remission of this civil penalty. You must also complete the "Request for Remission of Tight 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 this 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 of 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). X_ (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). Fecal coliform has a short life and likely dissipated before Blue Ridge Paper was aware of the exceedance. Blue Ridge Paper has worked and continues to work with the Town of Canton to address the fecal coliform issue originating in the Town of Canton. (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). The violation resulted from the failure of the Town of Canton to disinfect its wastewater prior to discharging to Blue Ridge Paper's Wastewater system. (d) The violator has not been assessed civil penalties for any previous violations. Blue Ridge Paper has been assessed civil penalties for other fecal coliform violations resulting from the failure of the Town of Canton to disinfect its wastewater. (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). Remaining necessary remedial actions, operating and maintaining a consistent system to disinfect wastewater, is the responsibility of the Town of Canton. EXPLANATION: • The duration of the permit exceedance was short-lived (less than 1 day); • No adverse impact to the receiving waters, i.e. Pigeon River due to this exceedance; • There was no cost to rectify the damage; • Blue Ridge Paper Products Inc did not save any money as a result of the non-compliance; • The violation was not willful or intentional and resulted from factors over which Blue Ridge Paper Products has little or no control; • Blue Ridge Paper Products Inc has an otherwise excellent compliance record with the Division of Water Resources.