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Home My WebLink AboutNC0034860_Regional Office Historical File Pre 2018 (52)Postage r Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) /C) \ a L a co a cn LU—PostmaAy S ;.'•ti Here MR HARRY McPHERSON, VICE PRES. SCHNEIDER MILLS ,INC. PO BOX 519 e TAYLORSVILLE NC 28681 i wq/rmb 1/8/04--------------- %ertified Mail Provides: A mailing receipt fesrenea) zoozeunr'ooee W,o:d s A unique Identifier for your mailplece i A record of delivery kept by the Postal Service for two years mportant Reminders: i Certified Mail may ONLY be combined with First -Class Mail® or Priority Mai Certified Mail is not available for any class of International mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fi valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof c delivery. To obtain Return Receipt service, please complete and attach a Retw Receipt (PS Form 3811to the article and add applicable postage to cover th fee. Endorse mailplece 'Return Receipt Requested". To receive a fee waiver fc a duplicate return receipt, a USPS® postmark on your Certified Mail receipt I required. i For an additional fee, delivery may be restricted to the addressee i addressee's authorized agent. Advise the clerk or mark the mailpiece with tf endorsement "Restricted Delivery". v If a postmark on the Certified Mail receipt is desired, please present the art cis at the post office for postmarking. If a postmark on the Certified Me receipt is not needed, detach and affix label with postage and mall. MPORTANT: Save this receipt and present it when making an Inquiry. Internet access to delivery information is not available on mall addressed to APOs and FPOs. w A rF9 Michael F. Easley, Governor \�� QG William G. Ross Jr., Secretary ' y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 8, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Harry McPherson, Vice President Schneider Mills, Inc. P.O. Box 519 Taylorsville, NC 28681 Dear Mr. McPherson: 7003 2260 00013491 1111 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO034860 Schneider Mills WWTP Case No. LV-2004-0023 Alexander County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1085.04 ($1000.00 civil penalty + $85.04 enforcement costs) against Schneider Mills, Inc. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Schneider Mills, Inc. for the month of March 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0034860. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Schneider Mills, Inc. violated the terms, conditions or requirements of NPDES Permit No. NCO034860 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Schneider Mills, Inc.: NorthCarolina .Naturally Division of water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 $ 750.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0034860, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Sulfide. $ 250.00 For _I_ of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0034860, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Sulfide. $ 1000.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 1085.04 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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 Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 m' 2. Submit a written request for remission including a detailed justification for such it 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 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 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 Quality 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 G.S. 143B- 282. 1 (b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1' 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 am. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714.Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 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 internal 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 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 If you have any questions about this civil penalty assessment or a Special Order by Consent please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. "-t� S' z `' 4- (D' e)` ATTACHMENTS D. Rex Gl9son, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments ' IC Attachment A Schneider Mills, Inc. NPDES Permit .No. NCO034860 Case Number LV-2004-0023 Limit Violations, March 2003 . Monthly Average Limit Violations Parameter Reported Value Limit Sulfide 190.0 * 5.1 Daily Maximum Limit Violations Parameter Reported Value Limit Sulfide 378.3 * 17 * denotes assessment of civil. penalty. Units lbs/day Units lbs/day STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Alexander IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Schneider Mills, Inc. ) PERMIT NO. NCO034860 ) FILE NO. LV-2004-0023 Having been assessed civil penalties totaling $1085.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 8, 2004, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 ADDRESS TELEPHONE go 2004 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0023 Assessed Party: Schneider Mills, Inc. Permit No. (if applicable): NC0034860 County: Alexander Amount Assessed: $1085.04 Please use this form when requesting remission of this civil penalty. You must also complete the "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 applies. 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 wron fgfully 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 remainin�necessarX remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: Sheet1 Ll� �/ _ r Facility Status -please check one of the follwAing: .411 monitoring data and sampling frequencies meet permit requirements Complian Monitoring data and/or sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., orovidin_ a brie table for comoletion of iniprovenients. '1' 0 r_t 4L Sc,��i�:S C,kere- CC:�P1;A.-C'e- Q1.. SCt l oZC �OG� ....LICm f i S Cc,') k q mere c�_ b,w -f n, 77t e, 4 G I t r! Q /A Irk ialcre 464r-,a- / G1rPC-Yt:" -( LciCK,, 4 r /n nhoe5e (cnfocf- Dev'rick 0152 66 L+ eS /L1 Je 4tz "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquire of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information subnutted is, to the best of my knowieduTe 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/iolations." ` �4_ ( ea prim type) y /G, S matur o Permicte:V hate PD.ec)t S15(C 1CTSI Ike. A)C. �4��! �a� 'ermittee Address Phone Number Permit Expkati& Date PARAMETER CODES ........... ............................................................................................................................................,........................................--------........................................................ lX101 O Temp�atur 0007G Turbidity 00080 Color (Pt -Co) 00082 Color (ADNtl) 00095 Conductivity 00300 Dissoived Oxv¢en 00310 BOD, 00340 COD 00400 H P........................................................................................... 00530 TSS nn$4$ Sr_ttleabie \loner 00556 Oil S Grease : 00G00 Total Nitro6en 00610 Ammonia litmee r 00625 Kieldhal Nirmeai ; 00630 NitratestiiQi[es 00665 Total Phosphors 00720 Cyanide 00745 Tonal Sulfide 00927 Total Mamesium 00929 Total Sodium 00940 Total Cldoride : 00951 Total Fluoride > 01002 Total Arsenic 01027 Cadmium ....................................... ---•............................ 01032 Hexawlent Ch otnium ...-----••---............................: 01034 Cluonumu ....................................................................................---.....---•-----•----...............------......................... 01037 Total Cobalt ................................... 01042 Copper 01045 Iron .................. 01051 Le rd OI OG7 Nickel 01077 Silver 0109_ 71rrc .................... 01105 Aluminum ............................................................................................................................................... 01147 Selo—.iium 31616 Frc l Colifomi 32730 Total Phenolics 34225 Benzene 3�iS 1 Toluene...... 35260 h1BA5 39516 PCBs ................................................................................................................................................... 50050 Ftow 50060 Residual i Marine ......................................................................................................: 71880 Fomraldehvde 71900 Mezctry ...........................................5Xvlene . Parameter Code assistance may be obtained by calling the Division's Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the NPDES web site at httn:?/h2o.erfr.state.nc.usfNPDES and visiting the "Documents" section. The monthiy average for fecal coliform is to reported as a GEOMETRIC mean. Use only units designated in the reporting facii.ity's permit for reporring data. ORC must visit facility and document visitation of facility as required per 15A NCAC 3A .0202 (b) (5) (B). If si--ned by other than the perminee, delegation of signatory authority must be on file with the state per 15A NCAC 213 .0506 (b) (2) (D). DWQ Forte %IR-1 (Revised 712000) Permit lsle ll LUIeN'I' LINII'I'A'I'IONS ANU MONI'WRING ILEQUIREMEN'I'S (001) a During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated wastewater through Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: PARAMETERS EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location1 Flow 0.780 MGD Continuous Recording Influent or Effluent BOD, 5 day, 200C 35.4 mg/L 230pounds/day 68.4 mg/L 445pounds/day Weekly Composite Effluent Total Suspended Solids (TSS) 125pounds/day 275 pounds/da Weekly Composite Effluent COD 685pounds/day 1,065 pounds/da Weekly Composite Effluent NH3 as N (April 1 through October 31) 2 1.9 mg/L Weekly Composite Effluent NH3 as N (November 1 through March 31) 2 4.7 mg/L Weekly Composite Effluent Dissolved Oxygen3 Weekly Grab Effluent Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite Effluent Total Pfios horus Quarterly Composite Effluent Chronic Toxicity4 Quarterly Composite Effluent Temperature (°C) Weekly Grab Effluent p115 Weekly Grab Effluent Sulfide 5.1pounds/day 17pounds/day 2/Month Composite Effluent Phenols 2.5pounds/day 8.5pounds/day 2/Month Composite Effluent Total Chromium 109 t /L 1022 t /L 2/Month Composite Effluent Silver Quarterl Coin osite Effluent Conductivity Weekly Grab Upstream & Downstream Temperature, °C Weekly Grab Upstream & Downstream _ Dissolved Oxygen I Weekly Grab I Upstream & Downstream 'fable Foolnoles: I . Upstream = at Ieast50 ICet UpSl1'C11111 II'0111 the OLIffall. Downstream = at or near NCSR 1313. 2. Nibas N — See Special Condition A. (4.). 3. Daily avcragc efllucnt c011cenu•etion ol'dissolved oxygen shall not fall below 5.0 n1g/L. 4. Chronic Toxicity (Ceriodaphnia) at 46 °Io; quarterly during Min-ch, .tune, September, December; See Special Condition A. (3.) 5. pH shall not fall below 6.0 nor exceed 9.0 standard units. Units: MGD = million gallons per day pounds/day = pounds per day mg/L = milligrams per liter BOD = biochemical oxygen demand ml = milliliter )tg/L = micrograms per liter Effluent Shall contain no floating solids or foam visible in othel• than trace amounts. 0 11,Completd items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. X. Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR HARRY McPHERSON,-VICE -PRES. SCHNEIDER, MILLS ,INC.. PO BOX 519 TA'VLORSVILLE NC 28681 wq/rmb 1/8/04 A. Received by (Please Print Clearly) B. Date of Deliver C. Si nature XGx �� El Agent '57 'r EI Addresse D. Is delivery ad dress different from item 17 0 Yes If YES��&;e,dellv,eN,address below: 11 No Servjce,Type Certifled'Malfi, -0 Express Mail 1, - -- j ,'- -' ❑ RegisteFeFd -- El Return Receipt for Merchandis, ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 11 Yes 700311Uului -tit 777orm =81 1, July 1999 Domestic Return Receipt 102595-99-M-178S UNITED STATES POSTAL SERVICE' X, "19 JAH • Sender: Please print yoonan -Postage-&-Eees-Paid address, and ZP+ in this box 2 DENR WATER -QIY-ALITY S TION 919 N ORIH MAIN SARI ET T TP mooRESVILLE N(f" g)