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
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■ 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
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❑ Adult Signature ❑ Regeteretl Mail"
❑ Adult Signature ResMcted Delivery ❑ Registered! Mail Restddi
❑ Certified Mail® Delivery
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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.