NCG500244_DV20200022_20200214

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT

Violator: Giles Chemical Corporation
Facility Name: Waynesville plant
Permit Number: NCG500244
County: Haywood
Case Number: DV-2020-0022

ASSESSMENT FACTORS
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;
The degree and extent of harm is unknown. Richland Creek is a Class B water protected for primary recreation. Richland
creek above Lake Junaluska Dam is on the State’s 303d impaired list for fecal coliform. Any unpermitted discharge may be
detrimental but may not be readily quantifiable.

2) The duration and gravity of the violation;
The duration and frequency of the unpermitted discharge is unknown. A video was provided to DWR showing the process
wastewater recovery tank overflowing into Richland Creek. Staff indicated the tank had the potential to reach the
overflow line near the top of the tank once a week. Giles staff indicated the pump to the tank had a maximum flow of 60
gpm.

3) The effect on ground or surface water quantity or quality or on air quality;
The discharged process wastewater contained some level of magnesium sulfate; however, the effect on ground or surface
waters is unknown. Any unpermitted discharge may be detrimental but may not be readily quantifiable.

4) The cost of rectifying the damage;
The cost is unknown.

5) The amount of money saved by noncompliance;
The amount is unknown. It would have included the cost of remote monitoring of the tank’s water level and periodic checks
of the overflow line from the tank to the collection system.

6) Whether the violation was committed willfully or intentionally;
We do not believe the discharge was committed willfully or intentionally. Corrective measures have been put into place. A
high-level alarm was installed and connected to the plants system. The overflow was cleaned, and an obstruction was
removed. The 2” overflow line is scheduled to be replaced with a 4” line to prevent clogging in the future.

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 has been one (1) civil penalty assessment in the previous five years for an unpermitted discharge of process
wastewater to Richland Creek.

8) The cost to the State of the enforcement procedures.
$129.37

___________________ __________________________________________
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93
2/14/2020

DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93

Certified Mail # 7019 0700 0000 8867 7927
Return Receipt Requested

February 14, 2020

Matt Haynes
Giles Chemical Corporation
102 Commerce St
Waynesville, NC 28786

SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCG500244
Giles Chemical Corporation
Waynesville plant
Case No. DV-2020-0022
Haywood County

Dear Permittee:

This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,129.37 ($4,000.00 civil penalty
+ $129.37 enforcement costs) against Giles Chemical Corporation.

This assessment is based upon the following facts: an inspection of the Waynesville plant was conducted on January 13,
2020. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations
specified in NPDES WW Permit No. NCG500244. This inspection has shown the subject facility to be in violation of the
conditions and limitations found in NPDES WW Permit No. NCG500244. The violations found during the inspection are
summarized in Attachment A to this letter.

Based upon the above facts, I conclude as a matter of law that Giles Chemical Corporation violated the terms, conditions or
requirements of NPDES WW Permit No. NCG500244 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).

DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93

Based upon the 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 the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Giles
Chemical Corporation:
$4,000.00 For 1 of the 1 violations of the conditions and limitations specified in Permit No. NCG500244 .

$4,000.00 TOTAL CIVIL PENALTY
$129.37 Enforcement Costs
$4,129.37 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. 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 quality 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

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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 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 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 Right to an Administrative Hearing, and Stipulation of Facts” form 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

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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 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 §150B-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: [phone]
Fax: [phone]

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 inte rnal
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 Mikal Willmer with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email at [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS

EC: WQS-ARO Server, LF
G:\WR\WQ\Haywood\Wastewater\General\NCG50 Non-Contact\NCG500244 Giles\Complaint Inspect January 13, 2020\NCG500244_DV20200022_20200214
DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93

JUSTIFICATION FOR REMISSION REQUEST

Case Number: DV-2020-0022 County: Haywood
Assessed Party: Giles Chemical Corporation
Permit No.: NCG500244 Amount Assessed: $4,129.37

Please use this form when requesting remission of this civil penalty. You must also complete the “Request For Remission,
Waiver 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
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 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-282.1(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);

___ (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);

___ (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 payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).

EXPLANATION:

DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF HAYWOOD

IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Giles Chemical Corporation )
Waynesville plant )
)
PERMIT NO. NCG500244 ) CASE NO. DV-2020-0022

Having been assessed civil penalties totaling $4,129.37 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 14, 2020, 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 day of , 20_____

__________________________________________
SIGNATURE

ADDRESS

___________________________________________

___________________________________________

___________________________________________

___________________________________________

TELEPHONE

___________________________________________

DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93

ATTACHMENT A

Giles Chemical Corporation
CASE NUMBER: DV-2020-0022

PERMIT NO: NCG500244 REGION: Asheville
FACILITY: Waynesville plant COUNTY: Haywood
________________________________________________________________________________________________________________________________________________________________________________
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT ________________________________________________________________________________________________________________________________________________________________________________
1/13/2020 Permit Violation detected during An unpermitted discharge of process $4,000.00
inspection wastewater from a recovery tank to
Richland Creek was documented and
provided to inspectors.
________________________________________________________________________________________________________________________________________________________________________________
DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93

Matt Haynes
Giles Chemical Corp
102 Commerce St
Waynesville, NC 28786 DV-2020-0022 Mikal

Green card has not come back (04/28/2020)
Tracking Number: 70190700000088677927Your item was delivered to the front desk,
reception area, or mail room at 9:48 am on February 20, 2020 in WAYNESVILLE, NC 28786.
Delivered
February 20, 2020 at 9:48 am
Delivered, Front Desk/Reception/Mail Room
WAYNESVILLE, NC 28786