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HomeMy WebLinkAboutNC0005061_Regional Office Historical File Pre 2018+c NCDENR North Carolina Department of Environment,and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director ' March 18, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7006 2760 0001 9282 0631 Mr. Brian McFarlin General Manager Smurfit -Stone Container Enterprises, Inc. P.O. Box 369 Shelby, NC 28151-0369 SUBJECT: NOTICE OF VIOLATION Whole Effluent Toxicity (WET) Testing NPDES Permit No. NC0005061 Jefferson Smurfit Corp. Cleveland County Dear Mr. McFarlin: Dee Freeman Secretary This is to inform you that a review of your toxicity self -monitoring report form for the month of January 2010 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743 8441. S Merely, �I Cindy Moore �- Supervisor, Aquatic Toxicology Unit cc: Rob_Krebs-Mooresville Regional Office John Lesley -Mooresville Regional Office Aquatic Toxicology Unit Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NoftllCaroli.na Phone: 919-743-84001 FAX: 919-743.85171 Customer Service: 1-877-623-6748 d J Internet: http://h2o.enr.state.nc.us/esb/ afillrallil An Equal opportunity 1 Affirmative Action Employer Central Files WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is.a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January I -June 30, then you must provide written notification to the Environmental Sciences Section by .Tune 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hftp:/lh2o.enr.state.nc.us/esb/ Nne orthCarolina Gatll1 ally An Equal Opportunity 1 Affirmative Action Employer A�� N CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 21, 2007 Brian McFarlin Smurfit -Stone Container Enterprises, Inc. P.O. Box 369 Shelby, NC 28151-0369 William G. Ross, Jr., Secretary Coleen H. Sullins, Director Subject: Renewal Notice NPDES Permit NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Permittee: Your NPDES permit expires on August 31, 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 2008. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-21.5.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NOfthCarolina, Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ ncmail.net Naturallff An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NPDES PERMIT NC0005061 JEFFERSON SMURFIT WWTP CLEVELAND COUNTY The following items are REQUIRED for all renewal packages: o A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. o The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. o If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). o A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 r Michael F. Easley, Governor '/�J�_ - v O�O� WA T �RQG S William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality December 17, 2008 CERTIFIED MAIL 7007 1490 0004 4510 1544 RETURN RECEIPT REQUESTED Mr. Brian McFarlin Smurfit -Stone Container Corporation PO Box 369 Shelby, North Carolina 28151-0369 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0604 Smurfit -Stone Container Enterprises WWTP NPDES Permit No. NC0005061 Cleveland County Dear Mr. McFarlin: A review of the August 2008 self -monitoring report for the subject facility revealed a violation of the following parameter: Outfall Parameter Reported Value Permit Limit 001 Total residual chlorine 52 µg/L 28 µg/L (Daily maximum) Compliance level < 50 µg/L Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, - Robert B. Krebs, Regional Supervisor Surface Water Protection cc: Point Source Branch Cleveland County Health Department MA e�L, NCDENR NoLCarolina ,Naturally Mooresville Regional Office Division of. Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwatergualiiy.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affinnative Action Employer — 50% Recycled/10% Post Consumer Paper r 0 September 25, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7007 1490 0004 5537 9193 Mr. Brian McFarlin General Manager Smurfit -Stone Container Enterprises, Inc. P.O. Box 369 Shelby, North Carolina 2,8151-0369 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Mr. McFarlin: ,Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, P.E. Director Division of Water Quality S E P 2 9 2008 N"_`1 DE111k Ali' This is to inform you that a review of your toxicity self, monitoring report form for the month of July 2008 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations, of NPDES permit limitations and requirements.. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743-8441. Sincerely, Cindy A. Moore Supervisor, Aquatic Toxicology Unit cc: "Rob Krebs/Mooresville Regional Office John Lesley/Mooresville Regional Office Aquatic Toxicology Unit Central Files N�oAbCarolina )Vatumlly North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 743-8400 Customer Service Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 743-8517 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. L" Michael F. Easley, overnor .4, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality April 12, 2007 Mr. Brian McFarlin Smurfit Stone Container Enterprises PO Box 396 Shelby, NC 28151 Subject: Compliance Evaluation Inspection Smurfit Stone Container WWTP Stormwater General Permit NCG050170 Cleveland County, North Carolina Dear Mr. Hughes: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 14, 2007 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. W Enclosure cc: Cleveland County Health Department DH Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Section N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Compliance Inspection Report Permit: NCGO50170 Effective: 05/01/03 Expiration: 04/30/08 Owner: Smurfit -Stone Container Enterprises, Inc. SOC: Effective: Expiration: Facility: Jefferson Smurfit WWTP County: Cleveland 662 W Washburn Switch Rd Region: Mooresville Contact Person: Mathon H Culpepper Phone: 704-482-4471 Directions to Facility: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 03/14/2007 . Entry Time: 11:30 AM Exit Time: 12:30 AM Primary Inspector: Donna Hood * _� Lf�2 //� Phone: Secondary Inspector(s):'d Marcia Allocco 1�1c Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG050170 Owner - Facility: Smurfit -Stone Container Enterprises, Inc. Inspection Date: 03/14/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n ❑ Cl # Does the Plan include a General Location (USGS) map? ■ ❑ n # Does the Plan include a "Narrative Description of Practices"? ■ n n n # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ n n # Does the Plan include a list of significant spills occurring during the past 3 years? n n ■ n # Has the facility evaluated feasible alternatives to current practices? ■ # Does the facility provide all necessary secondary containment? ■ ❑ Cl ❑ # Does the Plan include a BMP summary? ■ n n n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ n n # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ n n n # Is the Plan reviewed and updated annually? n n n n # Does the.Plan include a Stormwater Facility Inspection Program? ■ n n n Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n f_1 Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n n ■ n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ n Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n # Were all outfalls observed during the inspection? n n ■ n # If the facility has representative outfall status, is it properly documented by the Division? n n ■ n # Has the facility evaluated all illicit (non stormwater) discharges? ■ n n n Comment: Page: 3 VA, W AT FRQG Mr. Brian McFarlin Smurfit Stone Container Enterprises PO Box 396 Shelby, NC 28151 Dear Mr. McFarlin: Michael F. Easley, Gove q / William G. Ross Jr., Secretary ((( North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality April 23, 2008, Subject: Compliance Evaluation Inspection Smurfit Stone Container WWTP NPDES Permit No. NC0005061 Cleveland County, North Carolina Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on April 11, 2008 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Section Enclosure cc: Cleveland County Health Department DH. N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) .Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 N00005061 Ill 121 08/04/11 117 18I CI 19I SI 20I Remarks 21111111111111111111111111111111111111111111111i6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA --------------------------- Reserved ---------------------- 67I 2.5 169 70I I 711 I 721 NJ 73 LU 74 751 I I I I I1-1 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Jefferson Smurfit WWTP 01:15 PM 08/04/11 05/05/01 Exit Time/Date Permit Expiration Date 662 w Washburn Switch Rd Shelby NC 28150 03:00 PM 08/04/11 08/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Richard Dan Hendrick/ORC/704-482-4471/ Timothy Lane Harris/ORC/704-482-4471/ Name, Address of Responsible Official/Title/Phone and Fax Number Brian McFarlin,PO Box 369 Shelby NC 281510369//704-481-9530/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna Hood J a MRO WQ//704-663-1699 Ext.2193/ � f Si ture of Management Q AReviEVer z Agency/Office/Phone and Fax Numbers 1 ►t Marcia ?110cc�O� MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES 3I NC0005061 I11 yr/mo/day Inspection Type 12I 08/04/11 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets: of narrative and checklists as necessary) Page # 2 Permit: NC0005061 Inspection Date: 04/11/2008 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ Cl 0 n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? n ■ Cl Cl Is the inspector granted access to all areas for inspection? ■ n n n Comment: The facility should consider installing fencing around the WWTP to prevent unauthorized entry. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n ❑ ❑ Judge, and other that are applicable? Comment: The plant appeared to be well maintained and operated at the time of the inspection. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ n n n Dates, times and,location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? n n ■ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n ■nnn Page # 3 Permit: NC0005061 Owner - Facility: Jefferson Smurfit WWTP Inspection Date: 04/11/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ■ ❑ Comment: DMRs for 1.2007-12.2007 were reviewed for the inspection. The following violations were reported during the review period: 09.2007-Fecal coliform & TSS 10.2007-Fecal coliform All violations have been handled under prior cover. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ ❑ ❑ # Is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ ❑ ■ ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ■ ❑ Comment: Smurfit Stone performs laboratory field analyses under certification # 5181. Earth Environmental Services (#474) and Environmental Testing Solutions (#600) perform any other necessary laboratory analyses. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ ❑ ❑ ❑ . Is the mixing adequate? ❑ ❑ ■ ❑ Is the site free of excessive foaming in the tank? ❑ ❑ ❑ ■ # Is the odor acceptable? ■ ❑ ❑ ❑ # Is tankage available for properly waste sludge? ■ ❑ ❑ ❑ Comment: An isolated manhole is used as a digester at the facility. Leonard McSwain Septic is contracted to haul sludge from the facility to the landfill in Lenoir. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Page # 4 Permit: NC0005061 Inspection Date: 04/11/2008 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Evaluation Bar Screens Is disposal of screening in compliance? Is the unit in good condition? Comment: Screenings are disposed of at the county landfill. Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Settleometer was about 700 mis on the day of the inspection. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) Comment: Sludge blanket was approximately 3' on the day of the inspection. Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? ■: ❑ ❑ ❑ ■ n ❑ ❑ Ext. Air Surface ■nnn ■❑❑❑ Page # 5 11 Permit: NC0005061 Owner - Facility: Jefferson Smurfit WWTP Inspection Date:, 04/11/2008 Inspection Type: Compliance Evaluation Disinfection -Tablet . Yes No NA NE Number of tubes in use? 3 Is the level of chlorine residual acceptable? ❑ ❑ n ■ Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n ❑ n Comment: Chlorine residual was approximately 1.1 mg/L prior to dechlorination. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ ❑ ❑ n Number of tubes in use? 3 Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? n n ■ n Is flow meter calibrated annually? n n ■ n Is the. flow meter operational? n n ■ n (If units are separated) Does the chart recorder match the flow meter? n n ■ n Comment: The bucket and stop watch method is used for flow measurement. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n 00 If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: The receiving stream appeared unaffected by the discharge on the day of the inspection. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n. ■ ❑ Is sample collected below all treatment units? ■ ❑ n n Page # 6 Permit: NC0005061 Inspection Date: 04/11/2008 Effluent Sampling . Is proper volume collected? Is the tubing clean? Owner - Facility: Jefferson Smurfit VWVTP Inspection Type: Compliance Evaluation Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■n00 nil■n ■000 Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ f_1 Ell Comment: Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ ❑ ❑ ❑ Comment: Page # 7 C March 31, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7006 2760 0001 9282 0051 Mr. Brian McFarlin General Manager Smurfit -Stone Container Enterprises, Inc. P.O. Box 369 Shelby, North Carolina 28151-0369 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Mr. McFarlin: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, P.E. Director Division of Water Quality APR 3 2008 NC DENR MR® DWQ_Surface Water Protection This is to inform you that a review of your toxicity self -monitoring report form for the month of January 2008 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may. include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate• the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743-8441. Sincerely, 1 I Cindy. A. Moore Supervisor, Aquatic Toxicology Unit cc: #Rob-Krebs/Mooresv_i_Ile Regional Office,+ John Lesley/Mooresville Regional Office Aquatic Toxicology Unit Central Files NorehCarolina Natumally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 743-8400 Customer Service Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 743-8517 .1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. =3 ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail return receipt requested to the Environmental Sciences Section. i r March 10, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7006 2760 0001 9282 1188 Mr. Richard Hendrick Smurfit -Stone Container Enterprises, Inc. 662 W. Washburn Switch Rd Shelby, N.C. 28150 Subject: Effluent Residual Chlorine Smurfit -Stone Container Enterprises, Inc. Permit No. NC0005061 Cleveland County Mr. Hendrick: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, P.E. Director Division of Water Quality MAR 1 4 2008 NC DENR MRO M-Surface Neater Protection The Aquatic Toxicology Unit has received Smurfit -Stone Container Enterprises, Inc. 1/18/2008 chronic toxicity test result. Our office recorded the result as "fail" as reported. The residual chlorine measured in the effluent sample was-2 2_mg/L Chlorine is added to wastewater for disinfection purposes; however, . elevated total residual chlorine levels can be toxic to aquatic life. We recommend adjusting your chlorine dosage to a level that provides enough residual for disinfection purposes, without affecting toxicity testing results. Please contact meat (919) 743-8442, or Susan Meadows at (919) 743-8439 if you have any questions. Si erely, indy A. oore `,► " Supervisor, Aquatic Toxicology Unit cc: Rob-Krebs-/_Mooresvill_e-RegionalOffce ice_ - - _ _ John Lesley / Mooresville Regional Office Aquatic Toxicology Unit Central Files ] Cazolina Naturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 743-8401 Customer Service Internet www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 743-8517 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION :ms are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and ropur«►ig inrorination. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Ms. Susie Meadows with the Aquatic Toxicology Unit at (919) 743-8439 or another Unit representative at (919)743-8401. i The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. ' All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require- use of multiple -concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1., 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March', June, September, and December, then toxicity testing must be conducted during these months). If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from -January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory. that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month -in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section., Michael F. Easley, Governor William G.Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 29, 2008 BRUCE CURRIE SMURFIT-STONE CONTAINER ENTERPRISES, INC. PO BOX 369 SHELBY NC 28151-0369 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Jefferson Smurfit WWTP Permit Number: NC0005061 Case Number: LV-2008-0060 Cleveland County Dear Mr. Currie: Coleen H. Sullins, Director Division of Water Quality MAR 3 200s NC UENR IRO DID -Surface VVater Protection This letter is to acknowledge receipt of check number 2001367992 in the amount of $183.89 received from you dated February 22, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-733-5083, Ext. 547. Sincerely, Dina Sprinkle cc: Central Files kW 11+��c��r�� ft Regional Office Supervisor NoAhCarolina Naturally 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 O r Michael F. basley, (iovemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources -TI-14 Coleen Sullins_ Director Division of Water Quality February 7, 2008 CERTIFIED MAIL 7006 2760 00018497 6189 RETURN RECEIPT REQUESTED - Mr. Bruce Currie Smurfit -Stone Container Enterprises Post Office Box 369 Shelby, North Carolina 28151-0369 Dear Mr. Currie: 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. NC0005061 Smurfit -Stone Container Enterprises WWTP Cleveland County Case No. LV-2008-0060 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $183.89 ($100.00 civil penalty+ $83.89 enforcement costs) against Smurfit -Stone Container Enterprises. This assessment is based upon the following filets: A review has been conducted of the self -monitoring data reported for September 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0005061. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Smurfit -Stone Container Enterprises violated the terms, conditions, or requirements of NPDES Permit No. NC0005061 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Smurfit -Stone Container Enterprises: am` NCarolina �l�a; N. C. Division of Water Quality, Mooresville Regional office, 610 E. Center Ave. Suite 301, MooresvilleNC 28115 (704) 663-1699 Customer Service. 1-877-623-6748 $ 100.00 For _1_ of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0005061, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 0 For _1_ of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0005061, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids. $ 100.00 $ 83.89 $ 183.89 TOTAL CIVIL PENALTY Enforcement costs. 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 1V 2. Submit a written request for remission 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 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. C 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 OR 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 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 addre*s 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: Ms. Mary Penny Thompson, 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 rind you anticipate remedial construction activities then you may wish to consider appliqin for or a Special Order by Consent If you have M questions about this civil penafty assessment or a Special Order by Consent please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. G 20b)- Z(' es (.(-' -(Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments jl C ATTACHMENT A CASE NO. LV-2008-0060 Outfall Date Parameter 001 9/13/2007 Fecal Coliform 001 9/6/2007 TSS TSS = Total Suspended Solids * Denotes civil penalty assessment Reported Value * >1200/100 ml 50 mg/1 Permit Limit 400/100 ml (daily max.) 45 mg/1(daily max.) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CLEVELAND IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND SMURFIT-STONE CONTAINER ) STIPULATION OF FACTS ENTERPRISES ) PERMIT NO. NC0005061 ) FILE NO. LV-2008-0060 Having been assessed civil penalties totaling $183.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 7, 2008, 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 M. 2008 "N JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0060 Assessed Party: Smurfit -Stone Container Enterprises County: Cleveland Permit Number: NC0005061 Amount Assessed: $183.89 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ought to an Administrative Hearing and Stipulation ofFacts" 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 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 My 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Smurfit -Stone Container Enterprises Facility: Smurfit -Stone Container Enterprises WWTP County: Cleveland Case Number: LV-2008-0060 Permit Number: NCO05061 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; No harm has been documented; however, fecal coliform in excess of the permit limit may cause human health concerns downstream of the discharge and impact best use of the stream. 2) The duration and gravity of the violation; The violation occurred on September 13, 2007 and was calculated at over 300% of the permit limit. 3) The effect on ground or surface water quantity or quality or on air quality; No effects are expected on ground water or air quality; however, best use of the stream due to human health concerns may have been compromised by the violation. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money was saved by the violation. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. 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 were no civil penalty assessments in the previous twelve months. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $83.89. gg /100 Y Date RO Supervisor Division of Water Quality ems= EFFLUENT NPDES PERMIT NO. NC0005061 DISCHARGE NO. 001 MONTH Septembero GIA2 4 20H07 FACILITY NAME Smurfit -Stone Container Enterprises CLASS II COUNTY Cleveland OPERATOR IN RESPONSIBLE CHARGE (ORC) Richard D. Hendrick GRADE II PHONE 704-481-4513 CERTIFIED LABORATORIES (1) Earth Environmental Services (2) E. T. T. Environmental CHECK BOX IF ORC HAS CHANGED Person(s) collecting Samples: Richie Hendrick Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES X + 0- _ { I 0 - 1 I - 6 7 DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) (� 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT i RALEIGH, NC 27699-1617 IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE OCT 232007 TGP36 w ENTER rARAMETER CODE ABOVE NAME AND UNITS H w 50050 00010 0040D 50060 00310 00610 D053D 31616 00300 D06DD 00665 BELOW FLOW ;-! r. EFF X > U af 0 w pU) 2- �� � w �? Q W m �of � p wz U) O INF DAILY �p Qz O Q� p� z(7 Jww ¢zp QO.` �w Jw ¢C7 JK ¢p N O0 wO 0 RATE �� waw = n m-i w= 0 m 00 I-w 0 Lc p} F O H= 0ai < w O U N �� ��w LL `ox �FF-- c w 0 0 QZ �af L) d o0 z O LU O w 1- V) 0 = a r U MGa HRS HRS Y/BIN MGD "C UNITS X UG/L MG/L MG/L MG/L 9100ML MG/L MG/L MG/L PASS/FAIL 2 3 H LlDAY , HQLIDAY .....; HOLIDAY= .. HC3,L{DAY - 4 8:30 4 Y < 18 5 7.00 5 ca k, k 6 8:00 4 Y 0.003 21.7 6.100 < 18 1< 2.0 3.1 ",50 Dr 1< 3.0 ==BEIM =�=M 0 m�M© MEMEEM M�MM MMMERM m�=© MEMMM �Mw MEWEEM 18 8:15 4 Y < 18 19 20 1 7A51 4 1 Y 1 0.003121.61 7.4001 19 4.6 1 1.3 1 6.0 I < 3.0 AVERAGE 10.003 22 2.4 3.4 1.471 20.9 5.9 MINIMUM 0.003 20.8 6.100 < 18 < 2.0 < 0.5 6.0 < 3.0 i \ S Monthly Limit 1 30 30 200 DWQ Form MR.-1 (01/00) L� "Zor)� c'C6D Facility Status: ( Please check one of the following ) All monitoring data and sampling frequencies meet permit requirements s Compliant Iq A All monitoring data and 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. and a time table for improvements to be made. WE WENT OVER OUR DAILY LIMIT ON TSS OF 45.Omg/L. THIS HAS BEEN CORRECTED AND PROBLEM HAS BEEN TAKEN CARE OF. ON 9-13-07 WE HAD A FECAL OF > 1200 FOR THE DAY. THERE WAS OIL AND GREASE FROM OUR STARCH SETTLING PIT GOT DOWN IN OUR WWTP.THIS CAUSED OUR PLANT TO HAVE A GREAT DEAL OF OIL,THEREFORE OUR CHLORINE DEMAND WAS HIGHER.THE CHLORINE COULD NOT TAKE OUT THE FECAL BECAUSE OIL AND GREASE WILL TAKE ALL OF THE CHLORINE OUT. WE HAD OUR PIT DUG OUT AND PROBLEM HAS BEEN TAKEN CARE OF. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervison in accordance with a system designed to assure that qualified pesonnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there is significant penalties for submitting false information, including possibility of fines and imprisionment for knowing violations." Bruce Currie Permittee ( Please print or type ) � r D Signature of Permittee** Date (Required) P. O. Box 369, Shelby, N. C. 28151-0369 (704) 481-4530 August 31, 2008 Permittee Address Phone Number Permit Exp. Date Parameter Codes 00010 Tempature 00556 Oil & Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual Ammonia Chlorine 00080 Color (Pt -Co) 00610 Nitrogen 01092 Zinc 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen' Hexavalent Total D0095 Conductivity 00630 Nitrates/ Nitrites 01032 Chromium 01147 Selenium 71880 Formaldehyde Dissolved Fecal 00300 Oxygen 01034 Chromium 31616 Coliform 71900 Mercury 00310 BODE 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS Residue 00929 Total Sodium 01051 Lead 39516 PCBs 00545 Settable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's Web site at h2o.enr. state. nc. uslwgs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. ORC must visit facility and document visitation of facility as required per 15A NCAC SG .0204 •' If signed by other than the permittee , delegation of signatory authority must be on file with the state per 15A NCAC 26.0506(b) (2) (D) MONITORING REPORT(MR) VIOLATIONS for: Report Date: 01/29/08 Page: 3 of 14 PERMIT: NCO064699 FACILITY: Lake Norman Motel - Lake Norman Motel COUNTY: Catawba REGION: Mooresville Limit Violation KiN _ 7 OD LV ._ 0 v-T D MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 09 -2007 001 Effluent Coliform, Fecal MF, M-FC 09/04/07 Daily -- all days #/100ml 400 510 Daily.Maximum Exceeded None Broth,44.5C PERMIT:'N00005061 FACILITY: Smurfit -Stone Container Enterprises, Inc. - Jefferson COUNTY: Cleveland REGION: Mooresville Smurfit WWTP Limit Violation LV^ MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE q`7 VIOLATION TYPE VIOLATION ACTION 09 -2007 001 Effluent Coliform, Fecal MF, M-FC 09/13/07 Weekly #/100ml � 400 1,200 3lA Daily Maximum Exceeded None T �� Broth,44.5C . 09 -2007 001 Effluent Solids, Total Suspended 09/06/07 Weekly mg/I 45 50 Daily Maximum Exceeded None (' _ 0 /07 L FW)� [ v i U. I PERMIT: NCO024638 FACILITY: City of Shelby - Shelby WWTP COUNTY: Cleveland REGION: Mooresville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 09 -2007 001 Effluent Coliform, Fecal MF, M-FC 09/08/07 5 X week #/100m1 400 438.56 Weekly Geometric Mean None Broth,44.5C Exceeded A7MA. HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Brian McFarlin Smurfit -Stone Container Corporation P.O. Box 369 Shelby, NC 28151-0369 Dear Mr. McFarlin: Ilha -G-Rs r., Secretary t I` E C E 01 Q I ins, Director April 23, 2008 I APR 2 5 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Draft NPDES Permit NC0005061 . Smurfit -Stone Container Enterprises Cleveland County The Division has reviewed your request to renew the subject permit. Please review this draft carefully to ensure your thorough understanding of the information, conditions, and requirements it contains. The draft permit includes the following changes from the existing permit: ➢ An extra paragraph has been added to Part A. (2) regarding Chronic Toxicity testing. With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Polk County area, per. EPA requirements. Please provide your comments, if any, to me no later than 30 days after receiving this draft permit. Following the 30-day public comment period, the Division will review all pertinent. comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft, please call me at (919) 733-5083, extension 511, or you may e-mail me at charles.weaver@ncmail.net. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files l.laeffice / Surface Water Section NPDES Unit MAY 2 2008 NC"DENR MRO 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NOrthCarollna Phone: 919 733-5083 /FAX 919 733-0719 / Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naftarally Permit NC0005061 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Smurfit -Stone Container Corporation is hereby authorized to discharge wastewater from a facility located at the Smurfit -Stone Container Enterprises WWTP 662 Washburn Switch Road northwest of Shelby Cleveland County to receiving waters designated as an unnamed tributary to Beaverdam Creek in subbasin 03-08- 04 of the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on August 31, 2013. Signed this day Coleen H. SuIli s, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0005061 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Smurfit -Stone Container Corporation is hereby authorized to: 1. Continue to operate an wastewater treatment facility with the following components: ♦ Coagulant addition - ♦ Fabric filters ♦ Activated carbon adsorption for industrial wastewater . ♦ Comminutor ♦ Aeration basin with mechanical aerator ♦ Clarifier ♦ Chlorine disinfection and dechlorination . . ♦ Sludge holding tank The facility is located at Smurfit -Stone Container Enterprises off Washburn Switch Road northwest of Shelby in Cleveland County. 2. Discharge from said treatment works via outfall 001 at the location specified on the attached, map into an unnamed tributary to Beaverdam Creek, currently classified C waters in subbasin 03-08-04 of the Broad River Basin. ! Bias 5" K01 >,. __ ,. � j _ f �>• a "") 1 �-= f --_. Outfa11001 �`J � x � J � f r��' 1�j Ackid �� a it ���� f( `� J `r � t fry � • rt � ,ttif/ `� a - lip � � ,r%�� • t a Q t >...- r , ' )� Iler �,1a Park ' ,-_.!194u / /�:�"/ 1 r + 1 \ Ci �., t , t : �� \ I � t3- .,, � ' S N ✓ f 1 p% ' .1 i � �;.� •,._ ;;�,� � „�:{r: _ -�-�'j \ �\ _ /cam- $ - � �` ram, ��: � ..•= ///���J_ .�� j .l.' �;' • 1: l it, �i' � .�-, • ri l _ �� • ` I �`� 1 ! \ ram— _ � �\ f � • L.y} C• aU (il ,\�`t i if rveraam/! •. / i R.- / \ >,,�\ I \ ) '! ' l/ (.,' i `'-..!�r•l r i \, /r Y✓ I 1151 \ .1I� fi f--"t; i' ,�•• t, �' \,, c.1....i /'._ ^�`\i�-� j �'^.i Y �� !�'\�', �% f� lam— � ti\:�\� >j• ��� %>� r �1`� { �1, �, ��\ ` ca5j { f c\) £ xl+ W j% ✓/ i r �� , ✓� r ter/ U�_ � �) / \ J^ � 1 -',,.` ,_•_.��4 y i � } " �'lr�r�'� `i�"''r �� i F �/ f - � y(i !s r �-� �'" !! 4 , ")'� All { r' \ ) �. ., Fes. ./ � "\. � i�" \. " /� •1 •� -- _� � r , i .1 J Cieep ` .// , / '. �`'i`_ ,.� r /864� 1 -_ ,, •• >� 1 `'' /1 /}t 1/ / 1 r �/ ` / �/�j/ J . � 7rrt�8ch ,7;SE_ i v %f ,l i t._< / ,:.-� _. _ ., i lls!" '4� , .•/ i'�:.t,�::f [%l. r� ! �I:•Y NC0005061 — Smurfit -Stone Container Enterprises, Inc. - Shelby State Grid/Qm&- Shelby, N.C. Latitude: 35° 18' 46" N F12SE Lo ude 81' 36' 43" W Receiving Stream: Beaverdam Creek Drainage Basin: Broad River Stream Class: C Sub -Basin: 03-08-04 y � + , Faaity Location not to scale Notth Cleveland County Permit NC0005061 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PAIL401ETER . ' Limits Monitoring Re uirements .:. Monthly Average Daily ., Maximum Measurement_ Frequency , Sample .Type ' Sample Locationl Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0-mg/L- 45.0 mg/L Weekly Grab Effluent NH3 as N - 2/Month Grab Effluent Fecal Coliform (geometric mean) 200/ 100 nil 400/ 100 ml Weekly, Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Chronic Toxicity 2 Quarterly Grab Effluent Temperature (°C) Weekly Grab Effluent, U, D Dissolved Oxygen Weekly Grab U, D Conductivity Weekly Grab U, D Notes: 1. U: upstream at least 10 feet from the outfall. D: downstream at least 30 feet from the outfall. 2. Chronic Toxicity (Ceriodaphnia) P/F at 11%;'January, April, July and October [see A. (2)]. A. (2) CHRONIC TOXICITY PERMIT LD41T (Quarterly) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. [continued on next page] PFFV Permit NC0005061 A. (2) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) [continued] If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each. of the two . following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address_: Attention: NC DENR / DWQ / Environmental Sciences Branch - 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic.Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. . Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during.a month in which toxicity monitoring is required, monitoring will be required during the. following month.. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Michael F. Easley, Governor LW William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 11, 2008 CERTIFIED MAIL #70071490 0004 4505 6646 RETURN RECEIPT REQUESTED Mr. Ken Hughes Smurfit -Stone Container Enterprises, Inc. 662 W. Washburn Switch Road Shelby, North Carolina 28150 Subject: Notice of Violation - Effluent Limitation Tracking #: NOV-2008-LV-0079 Jefferson Smurfit WWTP NPDES Permit No. NC0005061 Cleveland County Dear Mr. Hughes: A review of the October 2007 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 10/18/07 Fecal coliform 1,200 CFU/100 mL 400 CFU/100 mL (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report provided an explanation for the noted effluent limit violation, it is not requested that a response be submitted; however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Ms. Marcia Allocco. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact Ms.'Allocco of this Office for additional information. ANNA NCDENR No�ithCarolina Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Mr. K. Hughes NOV-2008-LV-0079, Page 2 . February 11, 2008 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, '-�/z d V-- -- Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Cleveland County Health Department MA Michael F. Easley, Governor WATF9pG William G. Ross Jr., Secretary A North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 15, 2008 BRIAN MCFARLIN GENERAL. MANAGER SMURFIT STONE CONTAINER ENTERPRISES PO BOX 369 - SHELBY NC 28151-0369 Subject~ Receipt of permit renewal application NPDES Permit NC0005061 Jefferson Smurfit WW'IP Cleveland County Dear Mr. McFarlin The NPDES Unit received your permit renewal application on January 14, 2008. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permits, please contact Gil Vinzani at (919) 733-5083, extension 540. Sincerely,. Lr�J4n� Dina Sprinkle NPDES Unit cc: CENTRAL FILES Mooresville Regional Office/Surface Water Protection NPDES Unit A�ehCarolina cNlltls!CUi�lf North Carolina, Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper Smurfit -Stone Container Corporation 1 PO Box 369 662 Washburn Switch Road Y MIV I I RFI PST®NE Shelby, NC 28151-0369 (704) 482-4471 (704) 487-4317 fax December 3, 2007 Dina Sprinkle NC DENR/DWQ/Point Source Branch 1617 Mail Service Center Raleigh,N. C. 27699-1617 Dear Dina Sprinkle: This is regarding to renewal of our NPDES Permit # NC0005061 on our wastewater treatment plant.No changes have been made to our plant since our last renewal in 2003. I am requesting to have our permit renewed for the upcoming year.I hope you find everything you need in this package to renew our permit.Thank you for all of your help. Si erely 1 (D. H��" Richard D. Hendrick ORC Rex MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen.H. Sullins, Director November 21, 2007 Brian McFarhn Smurfit -'Stone. Container Enterprises, Inc. P.O. Box 369 Shelby, NC 28151-0369 Subject: Renewal Notice NPDES Permit NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Permittee: Your NPDES permit expires on August 31;. 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that. permit renewal applications must be filed at least 180 days.prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 2008. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number oraddress listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. cc: Central Files Mooresville Regional Office, Surface Water Protection NPDES File Sincerely, Charles H. Weavjer, Jr. NPDES Unit I I 1617 Mail Service Center, Raleigh, North Carolina 2A99-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ncmail.net Nne orthCarohna Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NPDES PERMIT NC0005061 JEFFERSON SMURFIT WWTP 'CLEVELAND COUNTY The following items are REQUIRED for all renewal packages: o A cover letter requesting renewal of the permit and documenting any changes at the facility since. issuance of the last permit. Submit one signed original and two copies. o The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. i o If an Authorized` Representative (such as a consulting engineer or environmental consultant) prepares. the renewal package, written documentation must be,ptovided showing the authority delegated to any - such Authorized Representative (see Part II.B.1 Lb of the. existing NPDES permit). o A narrative description of the sludge management planfox the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such , plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities dischar& process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the :Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21., The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs..Dina Sprinkle NC DENR / DWQ / Point Source Branch. 1617 Mail Service Center Raleigh, .NC 27699-1617 NPDES rERMIT APPLICATION - SHORT FORM C -Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources . Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 2769971617 NPDES Permit Number INCOOO 5-0491 Please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address P. 0 Sox 36-9 Shy "7 0 L} L4'ZD-- - 4 4 `7 �0L4-4 1-Li537 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road SWk-��� city S h l by State / Zip Code I V . C I D 3.(, County C k e V e I a n CL -i -5 e 5 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or O1R�C) Name �'C 1 1rT D. Mailing Address P, (� , Q X 3 10 9. city S k State / Zip Code Telephone Number `? — L4 S Fax Number -7o q 1401. y S- 3 7 4. Ownership Status: Federal ❑ State ❑ Page 1 of 5 Private L Public ❑ C-M 103/05 NPDES PERMIT.APPLICATION - SHORT FORM C - Minor Ind_ ustrial Minor industrial,, manufacturing and commercial facilities. c f S. Standard Industrial Classification (SIC) code(s): ;Z 4 5 3 6. Number of employees: 7:. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters._ If the space provided is not sufficient attach a separate sheet of paper with the system description. a k 10, � 8. Is facility covered under federal effluent limitation guidelines? No ❑ Yes ❑ If yes, specify the category? 9. Principal product(s) produced:�oi 0. QoX�S r ancl. �o _('a - n�. me�;.�wl .. Principal raw material(s), consumed: k%�GtT '� i /l e� Briefly describe the manufacturing process(es): Qe_ Lk s r 5 -tea; n�1 s s,: �W— m 5 I I Page 2 of 5 C-MI 03/05 NPDES PERMIT APPLICATION SNORT FORM C - Minor Irndustrial Minor industrial, manufacturing and commercial facilities. . 10. Amount of principal product produced or raw material consumed (List specific amounts consumed 'and/or units of production over the last three dears) Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Day j -7 0.0 1'VI S q 0 0 per Month L� 3 5- 0 0 0 rA S 3 9 0 D 'D �'''► S '� per Year I-{ a 6) (7 0 C) 0 00 0 rX 5 11. Frequency of discharge: Continuous Intermittent If intermittent: _ // 1� I� I Days per week discharge ours: r LO Duration: I g TO o n 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average �O V Utility water, etc. - monthly -average Process water - monthly averageL41 goo Stormwater - monthly average I Other - monthly average Explain: Monthly Average total discharge (all types) 0 O o 13. Number of separate discharge points: Outfall Identification number(s) 00 I 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): (�l n ,)a im e +f--k to LAA-a C-- +o Page 3 of 5 C-MI 03/05 NPDES PERMIT APPLICATION SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 1 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one' analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) l�jr, Q�1y �G 3Q•Q /y! �L- 1 �— Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids 0 In AG M IL_ Ammonia as N Temperature (Summer) Temperature (Winter) PH Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number. Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) . NPDES NC0'00- 0Co Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) /✓G Cv O j O O O O 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) CG _ Page 4 of 5 ` C-MI 03105 NPDES PERMIT APPLICATION - SNORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check�onee)) Yes ❑ No L� 19, Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Prin ed name o Perso (~Signing( Title. Signatll of Applicant Date North Carolina General Statute -143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement- representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with,.. or knowingly renders inaccurate any recording or monitoring, device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article; shall be guilty of a .misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not: to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 5 C-MI 03/05 IC�MIURFIPSTONE Smurfit -Stone Container Corporation PO Box 369 662 Washburn Switch Road Shelby, NC 28151-0369 (704)482-4471 (704) 487-4317 fax Sludge Management Plan for Smurfit -Stone Container Permit # NC0005061 Our Waste Activated Sludge is pumped into an underground storage tank with a capacity of approximately 2500 gallons.After allowing some time for settling the clear water is pumped back into the aeration basin.This process is repeated until the holding tank is filled. Once this tank is filled,we use Leonard McSwain Septic Tank Co.,permit # NCO0576 to pump the tank out and then they haul it to the Shelby Wastewater Treatment Plant. Permit NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Jefferson Smurfit Corporation is hereby authorized to: 1. Continue to operate an wastewater treatment facility with the following components: ♦ Coagulant addition ♦ Fabric filters ♦ Activated carbon adsorption for industrial wastewater ♦ Comminutor ♦ Aeration basin with mechanical aerator ♦ Clarifier ♦ Chlorine disinfection and dechlorination ♦ Sludge holding tank The facility is located at Jefferson Smurfit Corporation off NCSR 1313 northwest of Shelby in Cleveland County. 2. Discharge from said treatment works via outfall 001 at. the location specified on the attached map into ' an unnamed tributary to Beaverdam Creek, classified C waters in the Broad River Basin. lc�MIURFIPSTONE April 19, 2007 Smurfit -Stone Container Corporation PO Box 369 662 Washburn Switch Road Shelby, NC 28151-0369 (704) 482-4471 (704) 487-431,71fax �F✓ � OFFICE I APR 2 C 2007 North Carolina Department of Environmental and Natural Resources Division of Water Quality Mooresville Regional Office 610 East Center Avenue, Suite 301Ltd Mooresville, NC 28115 Attn : Donna Hood RE: Permit # NC00005061 Donna; Due to organizational changes within Smurfit -Stone Container Corporation, the responsibility for submitting test sample results and periodic reports from the Shelby Container water treatment facility is changing. Effective immediately, Rod Anderson, Area Operations Manager for the Piedmont Area, which includes the Shelby facility will be authorized to sign and approve all submissions from the Shelby Container water treatment facility. Mr. Anderson's office is located in Winston-Salem. His contact information is included below; Smurfit -Stone Container Corporation 8080 North Point Blvd Winston-Salem, NC 27106 (336)759-7821 If you have any questions, please feel free to contact Mr. Anderson or myself. Sincerely, Z.:— /f � Brian McFarlin cc: NCDENR Division of Water Quality, Raleigh NC Rod Anderson, Area Operations Mgr .Robert Wood, Environmental Services Mgr 6�`I PI( Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality March 26, 2007 Mr. Brian McFarlin Smurfit Stone Container Enterprises PO Box 396 Shelby, NC 28151 Subject: Compliance Evaluation Inspection Smurfit Stone Container WWTP NPDES Permit No. NC0005061 Cleveland County, North Carolina Dear Mr: Hughes: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 14, 2007 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, John Lesley Acting Regional Supervisor Surface Water Protection Section Enclosure cc: Cleveland County Health Department DH N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 • United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I 31 N00005061 111 121 07/03/14 117 18I CI 19I SI 201 I Remarks 211 I I I I I I I I I I I I I I I I I. I I I I I I I I I I I I I I I I I I I I I I I I I I I 6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 CA _U ---------------------- ---- Reserved ----------------- --- 67I 1.5 169 70I 4 I 711 I 721 N I 13I I 174 751 I I I I I I 180 I_I_I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Jefferson Smurfit WWTP 11:30 AM 07/03/14 05/05/01 Exit Time/Date Permit Expiration Date 662 w Washburn switch Rd 01:30 PM 07/03/14 08/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Richard Dan Hendrick/ORC/704-482-4471/ Name, Address of Responsible Official/Title/Phone and Fax Number Brian McEarlin,PO Box 369 Shelby NC 281510369//704-481-9530/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna eo J MRO WQ/// Sig ature of Managemen�IQIA viewer Agency/Office/Phone and Fax Numbers Date '` '— Marcia A locco MRO WQ//709-235-2204/ v EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0005061 I11 12I 07/03/14 I17 181 CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NC0005061 Inspection Date: 03/14/2007 Owner - Facility: Jefferson Smurfit WWrP Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? n ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Jefferson Smurfiit's permit is effective from 8/1/2004 to 8/1/2008. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ■ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ 0 Cl Facility has copy of previous year's Annual Report on file for review? n n ■ n Comment: DMRs for 112006-12/2006 were reviewed for the inspection. One toxicity violation for July 2006 and one fecal violation on 8/3/2006 were reported during the review period. Both violations have been handled under separate cover. Laboratory Yes No NA NE Page # 3 Permit: NC0005061 Inspection Date: 03/14/2007 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ n ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ n n # Is the facility using a contract lab? ■ ❑ ❑ n Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n ❑ s ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ■ 0 Comment: Jefferson Smurfit is performing laboratory analyses under field certification #5181. EES, Inc. (#474 ) is used for other necessary laboratory analyses. It was noted during the inspection that pH is being reported to the third decimal place. Please report pH to the first decimal place, as shown on the permit effluent limits page. Please refer to the report by Mr. Chet Whiting, of this Office, for any other laboratory recommendations. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The plant appeared well maintained and operated at the time of the inspection. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ ❑ ❑ ❑ Is the mixing adequate? n ❑ ■ fl Is the site free of excessive foaming in the tank? ®❑ ❑ ❑ # Is the odor acceptable? ■ ❑ ❑ ❑ # Is tankage available for properly waste sludge? ■ ❑ ❑ ❑ Comment: McSwain Septic Haulers, Inc. is contracted to haul the sludge from the facility to the landfill in Lenoir. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ ❑ ❑ n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ ❑ ❑ Page # 4 Permit: NC0005061 Inspection Date: 03/14/2007 Owner - Facility: Jefferson Smurfit VVVVrP Inspection Type: Compliance Evaluation '14 Is the unit in good condition? ■ n n n Comment: Screenings are disposed of at the county landfill. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Surface Is the basin free of dead spots? ■ ❑ 00 Are surface aerators and mixers operational? ■ ❑ ❑ Are the diffusers operational? n n ■ n Is the foam the proper color for the treatment process? ■ n n n Does the foam coverless than 25% of the basin's surface? ■ n ❑ 0 Is the DO level acceptable? n n ■ n Is the DO level acceptable?(1.0 to 3.0 mg/I) n n ■ n Comment: A settleometer, performed at the time of the inspection, had results of 700 mg/L. Plant Pro Settling Agent (cationic polymer) is used to aid settling occasionally. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n ■ n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n ❑ Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n ❑ n Is the drive unit operational? ■ n n n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) ■ ❑ n n Comment: A sludge judge, performed at the time of the inspection, was 3 feet. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Page # 5 Permit: NC0005061 Inspection Date: 03/14/2007 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ n n ■ Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? n n n ■ Comment: Norweco calcium hypochlorite tablets are used for disinfection. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ® n n n Is storage appropriate for cylinders? ■ n n n # Is de -chlorination substance stored away from chlorine containers? ■ n 00 Comment Are the tablets the proper size and type? ■ n ❑ n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 3 Comment: D-Chlor tablets are used for dechlorination. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ ❑ ■ n Is flow meter calibrated annually? n n ■ n Is the flow meter operational? ❑ ❑ ■ n (If units are separated) Does the chart recorder match the flow meter? n n ■ n Comment: The bucket and stop watch method is used for flow measurement calculation. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ Q ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ Is sample collected below all treatment units? ■ ❑ n n Page # 6 Permit: NC0005061 Inspection Date: 03/14/2007 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Evaluation C Effluent Sampling Yes No NA NE Is proper volume collected? ■ fl ❑ fl Is the tubing clean? ❑ ❑ ■ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ 0 Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ 0 Cl Comment: Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ ❑ Q 01 Comment: Page # 7 ..,• � ;�F W ArF9 r o -c 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 15, 2006 5181 Mr. Richard D. Hendrick Smurfit -Stone Container Enterprises P.O. Box 369 Shelby, NC 28151-0369 Alan W. Klimek, P.E. Director Division of Water Quality OrFICE DEC , 9 200' SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal������ Field Parameters Only Dear Mr. Hendrick: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please , contact us at 919-733-3908 if you have questions or need additional information. Sincerely, Pat Donnelly Branch Manager Enclosure cc: Chet Whiting Mooresville Regional Office NonrthCarol ina Natia-a!!if Laboratory Section 1623 Mail Service Center Raleigh, NC 27699-1623 Phone (919) 733-3908 Customer Service Internet: WWW.dwglab.ore Location: 4405 Reedy Creek Road Raleigh, NC 27607 Fax (919) 733-6241 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper --- r STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions of N.C. G.S. 143-215.3 (a) (1), 143-215.3 (a)(10) and NCAC 2H.0800: Field Parameter Only l SV enr` �o rryS O l LLJ i. ^ARIL R.ti77b �`�•�`SSC QUAM vtiO4•��i SMURFIT-STONE CONTAINER ENTERPRISES Is hereby certified to perform environmental analysis as listed on Attachment I and report monitoring data to DWQ for compliance with NPDES effluent, surface water, groundwater, and pretreatment regulations. By reference 15A NCAC 2H .0800 is made a part of this certificate. This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31, 2007 Certificate No. 5181 � Pat Donnelly { Attachment . North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing FIELD PARAMETERS ONLY ab Name: Smurfit -Stone Container Enterprises Certificate Number: 5181 P.O. Box 369 Effective Date: 01/01/2007 ,dd ress: 12/31 /2007 Shelby, NC 28151-0369 Expiration Date: Date of Last Amendment: he abc ....,., a having dulv met the requirements of 15A NCAC 2H.0800, is hereby certified for the measurement of the parameters listed below. NORGANICS 2ESIDUAL CHLORINE EPA Method 330.5 DISSOLVED OXYGEN EPA Method 360.2 DH EPA Method 150.1 TEMPERATURE EPA Method 170.1 CERTIFIED PARAMETERS nd satisfactory performance on evaluation samples. Laboratories are This certification requires maintance of an acceptable quality assurance program, use of approved methodology, a .,.hipnt to civil penalties and/or decertification for infractions as set forth in 15A NCAC 2H.0807. V /I i. Michael F. Easley, Gove or William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 14, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Brian McFarlin, General Manager Smurfit -Stone Container Enterprises, Inc�006 2760 00018493 4515 PO Box 369 Shelby, North Carolina 28151-0369 Subject: Notice of Violation - Effluent Limitation Tracking #: NOV-2006-LV-0580 Jefferson Smurfit WWTP NPDES Permit No. NC0005061 Cleveland County Dear Mr. McFarlin: A review of the August 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Outfall 001 Parameter Reported Value Fecal coliform 860/100 ml (Daily maximum) Permit Limit 400/100 ml (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report provided an explanation for the noted effluent limit violation, it is not requested that a response be submitted; however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Ms. Marcia Allocco. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact Ms. Marcia Allocco of this Office for additional information. l"*A NCDENR o ` NCarolina Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwatergualiiy.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Afrirmative Action Employer— 50% Recycled110% Post Consumer Paper Mr. Brian McFarlin December 14, 2006 NOV-2006-LV-0580 Page 2 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, �. Samar Bou-Ghazale Surface Water Protection Acting Regional Supervisor cc: Point Source Branch Cleveland County. Health Department MA F WATF9 6 , Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 22, 2006 CERTIFIED MAIL 7a O6' -0100 - aaa 3 RETURN RECEIPT REQUESTED Mr. Brian McFarlin Jefferson Smurfit - Shelby PO Box 369 Shelby, North Carolina 28150 SUBJECT: NOTICE OF VIOLATION Whole Effluent Toxicity Testing NPDES Permit No. NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Mr. McFarlin: Alan W. Klimek, P.E. Director Division of Water Quality SEP 2 6 200c l._ . This is to inform you that a review of your toxicity self -monitoring report form for the month of July 2006 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE) which is a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information and if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at at (919) 733-2136. Sincerely, Jimmie erton Chief, Environmental Sciences Section cc:lldlr@7'(yPL�S VI ` f'alf 1 e a1cLfrf._1�e� John Lesley- Mooresville Regional Office Aquatic Toxicology Unit Central Files NorthCarolina Xatwallj1 North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Customer Service Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take tirne to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in vour NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for. ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting ep riod (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not _have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contact laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written doctimentation indicating why the test was invalidated and the date when follow -tip testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/yeas- of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. .r• - ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT fonn. The AT form must also be signed by the perfonning lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. May 3, 2006 Mr. Brian McFarlin, General Manager Smurfit -Stone Container Enterprises, Inc. Post Office Box 369 Shelby, North Carolina 28151-0369 Subject Dear Mr. McFarlin: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Results from Effluent Sampling Analyses Jefferson Smurfit WWTP NPDES Permit No. NC0005061 Cleveland County, N.C. Enclosed please find the results from the laboratory analyses performed on the effluent samples from the Jefferson Smurfit wastewater treatment plant (WWTP). The samples analyzed were grab samples collected during the Compliance Sampling Inspection performed by Mr. Wes Bell on February 9, 2006. The results of the sampling analyses show compliance with the permit limits. Please attach this letter to the inspection report dated February 10, 2006 to complete your records on the inspection. The report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: , Cleveland County Health Department �VD& NCDENR Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Internet: www.ncwatergtiality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper ne No r hCarolina AWMA1!!y Customer Service 1-877-623-6748 ANALYTICAL RESULTS SHEET NAME OF FACILITY: Jefferson Smurfit WWTP Grab: X Composite: Sample Date(s): 2/9/06 NPDES Permit No. NC0005061 . Sample Location: Effluent County: Cleveland BOD5, mg/1 2.1 Phenols, ug/l COD: High, mg/1 Sulfate, mg/l COD: Low, mg/l Sulfide, mg/l Coliform: Fecal, #/100 ml 1 Biomass: Dry Weight Coliform: Total, .#/100 ml Biomass: Peri Ash Free Coliform: Tube Fecal, MPN, NH3-N, mg/l 1.3 Coliform: Tube Total, MPN TKN, mg/l 2.1 Residue: Total, mg/1 NOZ + N031 mg/l 62 Volatile, mg/l PO" mg/l Fixed, mg/1 P: Total, mg/l 0.95 Residue: Suspended, mg/l <2.5 P: Dissolved, mg/1 Volatile, mg/l Ag-Silver, ug/l Fixed, mg/l Al -Aluminum, ug/l Settleable Solids, ml/1 Be -Beryllium, ug/l pH, s.u. 6.03 Ca -Calcium, ug/l TOC, mg/1 Cd-Cadmium, ug/l Turbidity, NTU Co -Cobalt, ug/l Chloride, mg/l Cr-Chromium: Total, ug/l Oil and Grease, mg/l Cu-Copper, ug/1 Cyanide, mg/1 Fe -Iron, mg/l Fluoride, mg/1 Pb-Lead, ug/l Hardness: Total, mg/l Hg-Mercury, ug/l MBAS, ug/l Zn-Zinc, ug/1 Dissolved Oxygen, mg/1 Semivolatiles Total Residual Chlorine, ug/l <50 VOC Temperature, °C 10 February 15, 2006 Attn: Mr. John Lesley NCDENR Division of Water Quality 610 East Center Ave. Suite 301 Mooresville, N. C. 28115 er�w&-) - 5m i,,r�'� Subject: Compliance Evaluation Response- Permit # NC0005061 Dear Mr. Lesley, FEB 2 uo,' '(,f-,-,D (/)- This letter is in response to the Compliance Evaluation Inspection done by Mr. Wes Bell on February 9. 2006. Deficiencies were in the laboratory and effluent sampling. We have not been reporting holidays on our weekly bench sheets and this will be taken care o£ When our plant is down for more than three days the ORC comes out and puts rabbit food in the treatment plant without recording it.Even if it is no more than five minutes, we will start recording this procedure. Regarding expired pH buffers that were being used, has been taken care of by discarding of them.We had some buffers onsight that were in date and should have been using them but this was an oversight by the ORC. On the issue of calibrations of the field meters, they were sent off the day of February 9,2006 after Mr. Wes Bell left our facilities.We do this once a year usually around the first of the year. The week of 12/27/04-12/31/04, no BOD,TSR, and fecal coliform were reported. This was an oversight because of lack of training when original operator is on vacation.This will not be a problem in the future for we have two grade II operators on site plus one person going for grade II test in March. If you have further questions,please contact me at (704)481-4513 or email me at rhendrick(Dasmurfit. c om. Rich rd D. t1endrick W,Ja g), ORC O�o� W A r�• 7QG Michael F. Easley, Governor William G. Ross ]r.,,Secretary > r / North Carolina Department of Environment and Natural Resources 0 / Alan W. Klimek, P. E. Director dd 1 Division of Water Quality JOM. OF FWRQhV:W= Date February 6, 2006 D NATURAL RESOURCES ,,\ MOORES 1.I_F �-t-. ONAL OFFICE Brian McFarlin Smurfit —Stone Container P.O. Box 369 FEB 0 7 2006 Shelby, NC 28151-0369 Subject: Notice of Incomplete Discharge Monitoring Report NC0005061 Dear Permittee: n, 111TY SECTION The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our staff s ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected DNK you may be considered noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: Attention: Michele Phillips Division of Water Quality Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext. 534. Thank you for your assistance in this matter. Sincerely, Michele Phillips r cc: oresvi116Megional_,Offce Central Files Noe Carolina Ndk d!!y N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Internet: httpJih2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Notice of Incomplete Discharge Monitoring Report O r Permit Number: WO DL) D5 No 1 Facility: -5m LkY-A r1, C on; A-ar- GAW?rc4e� County: DMR Month and Year: `��— The Division of Water Quality deems the aforementioned. DMR as incomplete due to the following reason(s): (Please seethe highlighted areas on the attached DMR for details.) ❑ The written values are illegible. ❑ The Average, Maximum, and/or the Minimum data points have been omitted. ❑ The Units of Measure have been omitted or are incorrect. ❑ The DMR Parameter Codes have been omitted. Other:.. 1.C� �5 7-5 1l9.', O�O� W A T�9QG CO r- L February 10, 2006 Mr. Brian McFarlin, General Manager Smurfit -Stone Container Enterprises, Inc. Post Office Box 369 Shelby, North Carolina 28151-0369 Michael F. Easley, Govemorl- William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: Notice of Deficiency Compliance Sampling Inspection Jefferson Smurfit WWTP NPDES Permit No. NC0005061 Cleveland County, N.C. Dear Mr. McFarlin: Alan W. Klimek, P.E. Director Division of Water Quality Enclosed is a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on February 9, 2006 by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge (ORC) of our findings by forwarding a copy of the enclosed report to him. The results of the effluent sampling will be forwarded to you under a separate letter. It is requested that a written response be submitted to this Office by March 3. 2006, addressing the deficiencies noted in the Laboratory and Effluent Sampling Sections of the report. In responding, please address your comments to the attention of Mr. John Lesley. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell, Mr. Lesley, or me at'(704) 663-1699. Sincerely, t D. Rex Gleason, Ph— = Surface Water Protection Regional Supervisor Enclosure cc: Cleveland County Health Department Noce Carolina Ntura!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Intemet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper 7q United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 I5t 31 NC0005061 111 121 06/02/09 117 18I� 19tst 201 I LJ U IJ Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 1.5 169 70I 3 I 71 i N i 72 I �t I 73I I 174 751 I I I I I I 180 t__L_I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Jefferson Smurfit WWTP 10:02 AM 06/02/09 05/05/01 Exit Time/Date Permit Expiration Date 662 W Washburn Switch Rd Cleveland Springs NC 28150 12:02 PM 06/02/09 08/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Richard Dan Hendrick/ORC/704-482-4471/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Brian McFarlin,PO Box 369 Shelby NC 281510369//704-481-4530/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) ofInspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell (. /y^ MRO WQ//704-663-1699 Ext.231/ '2 lit) / n �7 4 Signature of Management Reviewer Agency/Office/Phone and Fax Numbers Date John E Lesley MRO WQ//704-663-1699 Ext.270/ l/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 3I NC0005061 I11 12I 06/02/09 I17 18IS1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: DMRs were reviewed for the period December 04 through November 05. A daily maximum effluent TSR and a daily minimum effluent pH violation were reported in March 05 (TSR) and April 05 (pH). In addition, a chronic toxicity failure was reported for July 05; however, the facility passed the two follow-up chronic toxicity tests. The Division has separately addressed the above -noted violations by issuances of either a NOV or NOV/civil penalty assessment. The facility staff must ensure the following is properly documented on the DMRs: - all ORC and/or Backup ORC visitations - accurate monthly average values (calculating the "<" values properly) - the correct sampling times for the instream analyses - any holiday or facility shutdown period Page # 2 Permit: NC0005061 Inspection Date: 02/09/2006 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: A 28 ug/I effluent TRC limit became effective on 2/1/06. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ■ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ■ ❑ Comment: See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Page # 3 Permit: NC0005061 Inspection Date: 02/09/2006 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Sampling Laboratory Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Comment: On -site field analyses are performed under laboratory certification #5181. The last annual curve verification (TRC meter) was performed on 2/8/05. Expired pH buffers were being used. Facility staff must ensure the calibrations of the field meters are performed prior to the analyses. Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Overall, the facility staff sample as required by the permit; however, no effluent BOD, TSR, and fecal coliform were reported for the week of 12/27/04 - 12/31 /04. Yes No NA NE ■ ❑ ❑ ❑ ■❑❑❑ ❑❑■❑ ❑ ❑ ■ ❑ ❑❑■❑ Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained at the time of the inspection. Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Yes No NA NE Page # 4 Permit: NC0005061 Owner - Facility: Jefferson Smurfit WWTP Inspection Date: 02/09/2006 Inspection Type: Compliance Sampling W.... \I.. \I A \IG Is the screen free of excessive debris? ❑ ❑ ■ ❑ Is disposal of screening in compliance? ❑ ❑ ■ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: The facility utilizes a communitor (with a manual bar screen bypass) prior to the aeration basin. The industrial wastewater is pretreated via steam, polymer addition (coagulation), activated carbon adsorption, and fabric filters (screening) prior to being combined with the influent domestic wastewater. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Surface Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ■ ❑ ❑ ❑ Are the diffusers operational? ❑ ❑ ■ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ■ ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ ❑ ❑ ❑ Comment: Page # 5 Permit: NC0005061 Inspection Date: 02/09/2006 Owner - Facility: Jefferson Smurfit WWTP Inspection Type: Compliance Sampling Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? 001111 Is there chlorine residual prior to de -chlorination? ■ ❑ ❑ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ # Is de -chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Are tablet de -chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? 3 Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ ❑ ■ ❑ Is flow meter calibrated annually? ❑ ❑ ■ ❑ Is the flow meter operational? ❑ ❑ ■ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: Instantaneous effluent flows are measured by the bucket and stop watch method. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: The effluent appeared clear with no floatable solids or foam. The receiving stream did not appear to be negatively impacted. Page # 6 North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director June 16, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Brian McFarlin, General Manager 7003 2260 00013552 3412 Smurfit -Stone Container Enterprises, Inc. 662 Washburn Switch Road P.O. Box 369 Shelby, NC 28150 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0298 Jefferson Smurfit WWTP NPDES Permit No. NC0005061 Cleveland County Dear Mr. McFarlin: A review of the March 2005 self -monitoring report for the subject facility revealed a violation of the following parameter: Pine Parameter Reported Value Limit 001 Total Suspended Residue 52.0 mg/L 45.0 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this Notice or any other matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch l: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 501/6 Recycled/10% Post Consumer Paper NorthCarohna Naturally Smurfit -Stone Container Division 662 Washburn Switch Road P. O. Box 369 Shelby, N. C. 28151-0369 March 17, 2005 Mr. D. Rex Gleason N. C. Division of Water Quality Mooresville Regional Office 610 E. Center St.," Suite 301 Mooresville, N. C. 28115 Dear Mr. Gleason: L 5M.6F IRONNIS�T AND NAMM MC£' 00RETO- tP'PU" ' 0 NAL OFFIG WAR22205 This is to inform you that Mr. Denny Williams has accepted another position with our company and is no longer the General Manager of the Shelby facility. In his new position, he will no longer have the authority to sign any WWTP reports or environmental permit requests. Mr. Brian McFarlin has accepted the position of Shelby's General Manager and replaces Mr. Williams. As such, he has been given the authority to sign all WWTP reports, permit requests and other correspondence should the need arise. Mr. McFarlin will begin his signatory responsibilities with the DMR report for February. If You,have any questions, please contact me at (704) 481-4525 or by email at khughes@smurfit.com. Kenneth R. Hughes Process Manager ORC Cc: Central Files Brian McFarlin OF WAOrr T FR p 'C ` March 11, 2005 Mr. Ken Hughes Smurfit -Stone Container Enterprises, Inc. 662 W Washburn Switch Road Shelby, NC 28150 Dear Mr. Hughes: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Permit No. NCG050170 Smurfit -Stone Container Enterprises, Inc. Formerly Smurfit -Stone Container Corp. Cleveland County Division personnel have reviewed and approved your request to change the your name under the General Permit, received on February17, 2005. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. cc: DWQ Central Files " oP oresvi]lei;R'egion'1�0'ffici. �W2ter.Quyali�Section-�y Stormwater Permitting Unit Sincerely; L-,=,,ADLEY BENNETT Alan W. Klimek P. E. ­)URCES LIAR 22 2005 P NOnethC,l �aiu� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG050000 CERTIFICATE OF COVERAGE No. NCG050170 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, SMURFIT-STONE CONTAINER ENTERPRISES, INC. is hereby authorized to discharge stormwater from a facility located at SMURFIT-STONE CONTAINER ENTERPRISES, INC. NCSR 1313 NORTHWEST OF SHELBY SHELBY CLEVELAND COUNTY to receiving waters designated as a UT to Beaverdam Creek, in the Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This certificate of coverage shall become effective March 11, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 11, 2005. SiGillED BY BEADLE r1E.i\iNETT . Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission J• I\ VC, ~ ' ��/ �Q ��-._ i1� . �31� � � r// r %� ,r •\�1�3 N774Z- �j/—'� -•r-� J`'>L, ��j i�v� o (l— ?{' %b `��? r �r r,J��J � � � C� � � r '�`; 1,'� 7 f" �� � , i}}, � \ y'`� l ^ r �• t - Outfa11001 a_ / y (I. "`• l rely �4.. .\ j'� / /1 r'\ 41 'J` `'ti � ti ��1. 1 ' �I ; ��'- � ' iai�• � yry•1��' � � f�� • �. • t � i ��`� . 1 .9 c `7aw Ivy ,�'' % -i is ~� , —Z � • � •- ':=�"' � / r �� �` r, _ ;`r � }, ..< 31 842 • ;7l --1 `� ~ ' R f .�/ .r � � �— 1 �f 'f) i • �.�^ '; 9 �' �•I_'r."`_g� � • r /� J /�.• _ ..� �.--�f � 1'I i � ,�,%' r ,� .•fir,✓ .� � J . /I � � -• . �.., 1. A/ NC0005061 - Jefferson Smurfit WWTP State Grid/Quad, Shelby, N.C. Latitude: 35° 18' 46" N F12SE Landkude 81° 36' 43" W not to scale Reoeivg Streeng Beaveidam Creek pMWg a Basin Broad River Stremn ciao: C Sub -Basin: 03-08-04 North Cleveland County WA7F9 Michael F. Eask%. Ckncraw ! `0 (� William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources > y Alan W.1Qinrek. P. E., Director p `C Division of Water Quality pp,bruarY 16, 2005 Mr. Kenneth Hughes Smurfit Stone Container. Enterprises PO Box 396 Shelby, NC 28151 Subject: Compliance Evaluation Inspection Smurfit Stone Container WWTP NPDES Permit No. NC0005061 Cleveland County, North Carolina Dear Mir. Hughes: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on February 11, 2005 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. / Surface'Water Protection Regional Sup ervisor perv;<sor Enclosure cc: Cleveland County Health Department ICI N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Q United States Environmental Protection Agency Form Approved. EPA Washington. D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 831-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fee Type 1 U 2 U 31 Nc0005061 1 11 121 05/02/1.1 1 17 18 U 19 U 20 U Remarks 21111111111111 1111 111111111111 1111 1111 1111 1111 11166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA -- —Reserved -- 671 2.0 1 69 70 U 71 U 72 U 73 U 74 751 1 1 1 I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date- Permit Effective Date POTW name and NPDES permit Number) Jefferson. Smurfit Corp -Shelby 10:00 AM 05/02/11 04/08/01 Exit Time/Date Permit Expiration Date 662 w Washburn Switch Rd Shelby NC 28150 11:55 PM 05/02/11 08/08/31 Names) of Onsite Representative(s)/TiUes(s)/Phone and Fax Numbers) Other Facility Data Kenneth R Hughes/ORC/704-481-4525/ Richard Dar. Hendrick/ORC/704-482-4471/ Name, Address of Responsible Official/Title/Phone and Fax Number Kenneth R Hughes,PO Box 369 Shelby NC 28150//704-481-4525/7044674317ontacted Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Flow Measurement ■ Operations & Maintenance Records/Reports Self -Monitoring Program ■ Sludge Handling Disposal ■ Facility Site Review ■ Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna Hood MP0 wQ/// / OL)' V! 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Y m L m m m m E o A t y a m c E m m B m m` ; m a E a o m — m c a `o To 0 m w E o L $ m m > > W �ii N c m L L o o a w o m m a '� o N v > E$ E E m rm m E>> N Q U Q N N N N N N N N Q Q Z fA N Ul N M V F N N N' N V Q m Q Z U Q ¢ N Q N C C VFV Laboratory Comment: The inspector was told, upon examination of the pH buffers, that the some sample of buffer was used to calibrate the pH meter on many different occassions. Please use fresh buffer every time the pH meter is calibrated to insure the accuracy of the pH reading recorded on the DMR. The facility's contract lab is Earth Environmental Services with E.T.T. Environmental performing toxicity testing. One COC was without collection time. Please insure all times are recorded, since a fecal coliform sample has a 6 hour holding time. Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab, reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Are sampling and analysis data adequate and include: Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Plant records are adequate, available and include O&M Manual As built Engineering drawings Schedules and dates of equipment maintenance and repairs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Is the facility description verified as contained in the NPDES permit? Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids, DO, Sludge Judge, pH, and others that are applicable? Yes No NA N i O O O ■ ❑ O O ■ O ❑ ❑ ■o❑o ■❑O❑ 13 ■ O O ❑ O E ❑ ❑ ❑ 0000 ❑ O ■ ❑ 0000 ❑ ❑ ❑ ■ O ❑ ❑ E ❑ ❑ ❑ ■ ❑ O ❑ 0000 Facility has copy of previous year's Annual Report on file for review? 0 ❑ ® ❑ Comment: Back-up operator Richard Hendrick (WW#28768) is currently out with back surgery. In his absence Mr. Tim Harris is currently being trained on operating the facility. Mr. Hams is not currently certified. It would be advisable to expidite Mr. Harris' certification to ensure a certified back up is always available. A facility ran name as many back ups as it deems necessary. Effluent Pi12P Yas Nn NA NF Is right of way to the outfall properly maintained?E ❑ ❑ ❑ Are receiving water free of solids and floatable wastewater materials? E ❑ ❑ ❑ Are the receiving waters free of solids / debris? ■ ❑ ❑ ❑ Are the receiving waters free of foam other than a trace? N ❑ ❑ ❑ Are the receiving waters free of sludge worms? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: NPDES yrtmo/day Inspection Type 1 3I Nco005061 ill 12I 05/o2/11 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Sludge Handling: Smurfit Stone uses pretreatment of coagulant addition followed by fabric screens with replacable paper filters The resultant process sludge is disposed of at the Lenoir Landfill. Process sludge wasted from the plant is hauled by Leonard McSwain Septage and disposed of at the Shelby WWTP. JV Gll4l, ' OF W ATER� Michael F. Easley, Governor `OCR Q� i Q 1 State of North Carolina y William G. Ross, Jr., Secretary Department of Environment and Natural Resources O F Alan W. Klimek, P.E., Director Division of Water Quality C�� J April 14, 2004 J Mr. Kenneth R. Hughes P.O. Box 369 Shelby, North Carolina 28151-0369 Subject: NPDES Draft Permit Permit No. NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Mr. Hughes: Please find enclosed the DRAFT permit for the subject wastewater treatment plant for your review and comment. The draft permit includes the following proposed changes to your existing permit: A total residual chlorine (TRC) limit of 28 pg/L has been added to this permit. The limit will take effect 18 months after the effective date of the final permit. See the attached TRC policy memo for details. Outfall 002 was eliminated from the permit as requested. The requirement for instream Fecal Coliform monitoring were eliminated form the permit. According to Division Guidance, instream monitoring for Fecal Coliform is not necessary for this facility. Please provide any comments you have regarding the draft permit to this office by May 21, 2004. At this time, the Division is also publishing a notice in the newspapers of general circulation in Union County, inviting public comment on the draft permit. Following the 30- day comment period, we will review all pertinent comments received and take appropriate action on the permit renewal. If you have any questions concerning the draft permit or the other requirements for your facility, please call me at (919) 733-5083, extension 553. Cc: NPDES Files Aquatic-Toxicology-U-nit -, 11WW',i le Regional Office _ Sincerely, Teresa Rodriguez NPDES Unit WCMEPT.OFI RS A AND NATURAL RESOURCES MOORESVILI_T fib= ^ y4L OFFICE APR 1 9 2004 WATER QUALITY SECTION 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Telephone (919) 733-5083 FAX (919) 733-0719 Visit us on the INTERNET @ www.enr.state.nc.us Permit NC0005061 - STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Jefferson Smurfit Corp. is hereby authorized to discharge wastewater from a facility located at the Jefferson Smurfit WWTP On NCSR 1313 northwest of Shelby Clevland County to receiving waters designated as an unnamed tributary to Beaverdam Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective . This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission I Permit NC0005061 SUPPLEMENT TO PERMIT COVER SHEET Jefferson Smurfit Corporation is hereby authorized to: 1. Continue to operate an wastewater treatment facility with the following components: ♦ Coagulant addition ♦ Fabric filters ♦ Activated carbon adsorption for industrial wastewater ♦ Comminutor ♦ Aeration basin with mechanical aerator ♦ Clarifier ♦ Chlorine disinfection and dechlorination ♦ Sludge holding tank The facility is located at Jefferson Smurfit Corporation off NCSR 1313 northwest of Shelby in Cleveland County. 2. Discharge from said treatment works via outfall 001 at the location specified on the attached map into an unnamed tributary to Beaverdam Creek, classified C waters in the Broad River Basin. r-1 `JI `'' I\' � elf J. �r f f-``��__'�—:J t- l� /JI�� � l� ^I ,_— � L� �� "j .�� �/. ;1,� 13 ) JV"; Ac OB 6 /Acem I JA LTzsZk id l < Outfall 001 1� iq tV t% krid*e.�r6v .--tr b' —JIA P, it, D 47 1". r L V r 17 ` �xA 1cqvera.. "j, d .4 z A j j at , A IV Cres zz 864 i f X" ILI Jefferson Smurfit Corp. f F`Y Location State GricV—Quad: Shelby Latitude: 35* 18'46"N not to scale FME Longitude: 81* 36'39"W Receiving Stmwn: Beaverdam Creek DrabuW_e- Ra4n: Broad River Stream Class: C Sub -Basin: 03-08-04 NPDES Permit No. NCO005061 North ' Cleveland County Permit NC0005061 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: -" EFFLUEI1TT °: iimftS `: CI ARACTEI hI fiGS Flow 0.010 Weekly Instantaneous I or E BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab E Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab E NH3 as N 2/Month Grab E Fecal Coliform (geometric mean) 200/ 100 ml 400/ 100 ml Weekly Grab E pH 2 Weekly Grab E Total Residual Chlorine 3 28 lag/L 2/Week Grab E Chronic Toxicity 4 Quarterly Grab E Temperature (°C) Weekly Grab E, U, D Dissolved Oxygen Weekly Grab U, D Conductivity Weekly Grab U, D Notes: 1. Sample Locations: E- Effluent, I- Influent, U - Upstream 10 feet above discharge point, D - Downstream 30 feet below the discharge. 2. The pH shall not be less than 6.0 Standard Units nor greater than 9.0 Standard Units. 3. The limit will take effect 18 months after the effective day of the final permit. 4. Chronic Toxicity (Ceriodaphnia) P/F at 11 %; January, April, July and October. See special condition A. (2). Permit NC0005061 1 ,1 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11 %. The permit holder shall perform at a minimum, guarterlu monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. 1 DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0005061 Facility Information Applicant/Facility Narne. Jefferson Smurfit Corp. 'Applicant Address:. P. O. Box 369, Shelby, North Carolina 28151-0369 Facility. Address: 662 Washburn Switch Road, Shelby, North Carolina 28150 :.Permitted Flow (MGD) 0.01 Type of Waste 85 % Industrial, 15 % Sanitary Facility Classification' -II Permit Status Renewal County; Cleveland Miscelfan°eous' Receiving Stream: - , UT to Beaverdam Creek Regional Office: MRO Stream Classification: C State Grid /`USGS Quad:. F12SE 303(d) Listed? .TMDL? Yes No. Permit W rater: Teresa Rodriguez Basin/Subbasin: Broad / 03-08-04 Date.: 4/7/04 Drainage Area (mi2): 0.78� �4 d' Lat. 35' 18' 46" N Long. 81 ° 36' 43" W Summer 7Q10 (cfs) 0.12 Winter 7Q10 (cfs): 0.33 30Q2 (cfs) 0.37; Average Flow (cfs): 1.1 IVVC (%): 11 % Summary: Jefferson Smurfit Corporation submitted a permit renewal application (Short Form C) on February 26, 2003. They requested to eliminate Outfall 002 from the permit. Outfall 002 used to discharge non -contact cooling water. They implemented changes in the process and now have a closed loop refrigerant based chiller system. The Division approved the rerouting of approximately 500 gpd of the remaining flow from Outfall 002 to Outfall 001 in March 2003. Facility Description: The facility produces corrugated shipping containers from Kraft liner and corrugated medium. Average production is 39,000 manufactured square feet (msfl per month. Process and sanitary wastewaters are treated onsite. The process wastewaters are first treated with coagulant addition, fabric filters, and activated carbon adsorption. Then the pre treated wastewater is combined with the domestic and further treated. The treatment system consists of a communitor, an aeration basin with mechanical aerator, a clarifier, chlorine disinfection, dechlorination and sludge holding tank. Basin Plan: Beverdam Creek is rated as Good for bioclassification. 303(d): Beaverdam Creek is impaired due to biological data from the source to the First Broad River. The causes of impairment are unknown, potential sources are agriculture and construction. No TMDL has been developed. Fact Sheet NPDES NC0005061 Renewal Pate 1 It DMR Review: DMRs were reviewed for the period of January 2002 to December 2003. The average flow for this period was 0.06 MGD. Total Residual solids averaged 6.8 mg/l, and BOD averaged 6 mg/1. They had one violation for TSS in October 2003. Instream Monitoring: They sample for temperature, conductivity and Fecal Coliform upstream and downstream of the discharge. There were a few high values for Fecal Coliform both upstream and downstream, but their effluent data show Fecal Coliform values below permit limits. Effluent Toxicity: The permit requires chronic toxicity test at 11%. During the period of January 2000 to January 2004 they had one failure on July 2003. The facility attributed the failure to high chlorine in the effluent due to equipment that was not operating correctly, they implemented an action plan to check the equipment more often. SUMMARY OF PROPOSED CHANGES Eliminate Outfall 002. The facility implemented changes and no longer discharges non -contact cooling water, cooling water and boiler blowdown. Eliminate the requirement for instream Fecal Coliform. According to Division Guidance, instream monitoring for Fecal Coliform is not necessary for this facility. A daily maximum limit of 28 pg/L for total residual chlorine was added to the permit. An aquatic life quality standard was adopted for TRC in 2003. Limits are added at permit renewal for facilities that did not had TRC limits. A cap of 28 pg/L was established to protect against acute impacts. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: Permit Scheduled to Issue: NPDES DIVISION CONTACT April 14, 2004 June 7, 2004 If you have questions regarding any of the above information or on the attached permit, please contact Teresa Rodriguez at (919) 733-5083 ext. 553. NAME: t G' ��- DATE: �/ ?/d REGIONAL OFFICE COMMENTS NAME: DATE: SUPERVISOR: DATE: Fact Sheet NPDES NC0005061 Renewal D- 7 I DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0005061 Facility Information Applicant/Facility Name: Jefferson Smurfit Corp. Applicant Address: P. O. Box 369, Shelby, North Carolina 28151-0369 Facility.Address. 662 Washburn Switch Road, Shelby, North Carolina 28150 Permitted Flow (MGD): 0.01 Type of Waste 85 % Industrial, 15 % Sanitary Facility Classification: II Permit Status. Renewal County. Cleveland Miscellaneous Receiving Stream: UT to Beaverdam Creek Regional Office: MRO Stream Classification: C State Grid / USGS Quad:.,. F12SE 303(d) Listed.? TMDL? Yes No Permit Writer: Teresa Rodriguez Basin/Subbasin Broad / 03-08-04 Date: 4/7/04 Drainage Area (mi2): 0.78 Lat. 35' 18' 46" N Long. 810 36' 43" W Summer 7Q10 (cfs) 0.12�; Winter.7Q10.(cfs): . 0.33 30Q2 (cfs) 0.37 Average Flow (cfs): 1.1 IWC (%). 11 % Summary: Jefferson Smurfit Corporation submitted a permit renewal application (Short Form C) on February 26, 2003. They requested to eliminate Outfall 002 from the permit. Outfall 002 used to discharge non -contact cooling water. They implemented changes in the process and now have a closed loop refrigerant based chiller system. The Division approved the rerouting of approximately 500 gpd of the remaining flow from Outfall 002 to Outfall 001 in March 2003. Facility Description: The facility produces corrugated shipping containers from Kraft liner and corrugated medium. Average production is 39,000 manufactured square feet (msf) per month. Process and sanitary wastewaters are treated onsite. The process wastewaters are first treated with coagulant addition, fabric filters, and activated carbon adsorption. Then the pre treated wastewater is combined with the domestic and further treated. The treatment system consists of a communitor, an aeration basin with mechanical aerator, a clarifier, chlorine disinfection, dechlorination and sludge holding tank. Basin Plan: Beverdam Creek is rated as Good for bioclassification. 303(d): Beaverdam Creek is impaired due to biological data from the source to the First Broad River. The causes of impairment are unknown, potential sources are agriculture and construction. No TMDL has been developed. Fact Sheet NPDES NC0005061 Renewal PAOP. I DMR Review: DMRs were reviewed for the period of January 2002 to December 2003. The average flow for this period was 0.06 MGD. Total Residual solids averaged 6.8 mg/l, and BOD averaged 6 mg/l. They had one violation for TSS in October 2003. Instream Monitoring: They sample for temperature, conductivity and Fecal Coliform upstream and downstream of the discharge. There were a few high values for Fecal Coliform both upstream and downstream, but their effluent data show Fecal Coliform values below permit limits. Effluent Toxicity: The permit requires chronic toxicity test at 11%. During the period of January 2000 to January 2004 they had one failure on July 2003. The facility attributed the failure to high chlorine in the effluent due to equipment that was not operating correctly, they implemented an action plan to check the equipment more often. SUMMARY OF PROPOSED CHANGES Eliminate Outfall 002. The facility implemented changes and no longer discharges non -contact cooling water, cooling water and boiler blowdown. Eliminate the requirement for instream Fecal Coliform. According to Division Guidance, instream monitoring for Fecal Coliform is not necessary for this facility. A daily maximum limit of 28 pg/L for total residual chlorine was added to the permit. An aquatic life quality standard was adopted for TRC in 2003. Limits are added at permit renewal for facilities that did not had TRC limits. A cap of 28 pg/L was established to protect against acute impacts. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: Permit Scheduled to Issue: NPDES DIVISION CONTACT April 14, 2004 June 7, 2004 If you have questions regarding any of the above information or on the attached permit, please contact Teresa Rodriguez at (919) 733-5083 ext. 553. NAME: (,_'V 1- DATE: W 7 REGIONAL OFFICE COMMENTS NAME: DATE: SUPERVISOR: Fact Sheet NPDES NC0005061 Renewal D...... 7 F W ATE Michael F. Easley �O 9p ^ n Governor V I` William G. Ross, Jr., Secretary C r NCDENR ) North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Q J Division of Water Quality March 14, 2003 Mr. Kenneth R. Hughes Jefferson Smurfit Corporation P.O. Box 369 Shelby, North Carolina28151-0369 Subject: Modification request NPDES Permit NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Mr. Hughes: The Division has reviewed your request to modify the subject permit. The Division does not object to the routing of cooling water to outfall 001 and the shutdown of outfall 002. Your request will be handled as part of the NPDES permit renewal for your facility. Please be aware that the limits and monitoring requirements for outfall 002 remain in effect until you notify the Division in writing that all discharge from the outfall has ceased. Notification should be sent to the NPDES Unit at the address listed below. If you have any additional questions concerning this matter, contact me at (919) 733-5083, extension 511 or via e-mail [charles.weaver@ncmail.net]. cc: Central Files ,Mooresville Regional Office,"Water Quality Section NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Since ely, Charles H. Weaver, Jr. NPDES Unit 6d 014:'7. U'1 Etq'v3hodvlIdOff � i t �.:�f�.;,u�te��,4�v.A..� "'�?b�l✓�i��''il�t, �1 4 ' .st ��M�GL Telephone.(919) 733-5083 FAX (919) 733 0799 ' VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 8, 2004 Kenneth R. Hughes Jefferson Smurfit Corp. P.O. Box 369 Shelby, NC 28150 SUBJECT: PAYMENT ACKNOWLEDGMENT CIVIL PENALTY ASSESSMENT Jefferson Smurfit Corp -Shelby Cleveland COUNTY PERMIT NO: NC0005061 LV-2004-0316 Dear Mr. Hughes: Alan W. Klimek, P.E. Director Division of Water Quality imc DEPT. OF ENVTR=101,7 EQ 1 2C gel This letter is to acknowledge receipt of check No. 2000233427 in the amount of $185.04 received from you dated August 24, 2004. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-733-5083 Ext.547. Sincerely, Coleen Sullins cc: Enforcement File #: LV-2004-0316 - ®oresville Regional -Office Supervisor — Central Files NocthCarolina ,Vatuna!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.state.nc.us 512 N. Salisbury St Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 un 2000 2334 270 1:031100 2671: 630 153 2 259SOTi' 0� W A 7ER Michael E, Eadey, Governor O� OG William G. Ror Jr.. %wmtnry I y North Carolina Department of linvimnrnent and Natural Rmiurceic > , DU r Alan W. l linrek,1'. E. Director .� Diviskm arWater Quality Coleen H. Sullins. Deputy Director Division orWater Quality July 26, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 00013550 2264 Mr. Denny E. Williams Jefferson Smurfit Corporation P.O. Box 369 Shelby, NC 28151-0369 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. NC0005061 Jefferson Smurfit Corporation WWTP Case No. LV-2004-0316 Cleveland County Dear Mr. Williams: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $185.04 ($100.00 civil penalty + $85.04 enforcement costs) against Jefferson Smurfit Corporation. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Jefferson Smurfit Corporation for the month of April 2004. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0005061. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Jefferson Smurfit Corporation violated the terms, conditions or requirements of NPDES Permit No. NC0005061 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 Jefferson Smurfit Corporation: Division of Water Quality, Mooresville Regional Office, 919 North Main Street Mooresville NC 28115 (704) 663-1699 Customer Service 1-977-623-6748 $ 100.00 For 1 of the two (2) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0005061. by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Suspended Residue. $ 100.00 $ 85.04 $ 185.04 TOTAL CIVIL PENALTY Enforcement costs. 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 OR 2. Submit a written request for remission 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 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 OR 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 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 ofthe Mooresville Regional Office at 704/663-1699. C 0 V (Datel D. Rex Glegofi, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, April 2004 Attachment A Jefferson Smurfit Corporation NPDES Permit No. NC0005061 Case Number LV-2004-0316 Daily Maximum Limit Violations Parameter Reported Value Limit Total Suspended Residue 66.7 *, 47.0 45.0 * denotes assessment of civil penalty. Units mg/L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cleveland IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Jefferson Smurfit Corporation ) PERMIT NO. NC0005061 ) FILE NO. LV-2004-0316 Having been assessed civil penalties totaling $185.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated Julv 26, 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 . 2004 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number. LV-2004-0316 Assessed Party: Jefferson Smurfit Corporation Permit No. (if applicable): NC0005061 County: Cleveland Amount Assessed: $185.04 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. I (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: / EFFLUENT G NPDES PERMIT NO. NCODD5061 DISCHARGE NO. 001 MONTH April YEAR "004 FACILITY NAME Jefferson Smurfit Corporation CLASS 11 COUNTY Cleveland OPERATOR IN RESPONSIBLE CHARGE (ORC) Kenneth R. Hughes (._ 1:.; j,., GRADE 11 PHONE (7D4) 451-4525 CERTIFIED LABORATORIES (1) Earth Environmental Services (2) E. T. T. Environmental CHECK BOX IF ORC HAS CHANGED Person(s) collecting Samples: Rlchle HendrM Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES X DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE VARGE) DATE 1617 MAIL SERVICE CENTER BYTHIS SIGNATURE, I CERTIPYTHAT THIS REPORT RALEIGH, NC 27699-1617 IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE TGP3B a: to p w F- a > <L) �C3 <N a W ~ w �� ¢z OO i`FLOW r O 606D0 0001D CD400 6DD6D 00310 D061D D06SD 31616 .. 00' 00600 DDC6i OnlMrARAeWTER Cooc ACOVG MAYi AND UNITO IMLOM �� Q- ILV w = G Q Z Oo O V • 0 o m iZ z Zw 0 QZ !7 _jwp� ¢z0 F-?� C0 d ��� <O LL VQ o >w -16 QO z -jw ¢ z j -�� ¢O �°� O o F- E .0 V FF I F DAILY RATE MG/L HRS HRS YIBIN MGD "C UNITS UGIL MGIL MG/L MG/L 1100ML MG/L MG/L MGIL PASSF-AIL 1 ��:B:00 Y;2„> ,'x�,'1C:�1 �'°:�� );11:6: ?�C�`� ���a;;� :�i23:3'.;�; <;;D.S V�:..���r�:5�r ct;3;Dx�"�., k��rd 'a:�:4�`�: '.~>���.�, � ��'.�:�;,�= :���•: cf,.. 2 6:00 3 Y 1 0.007 7.003 < 0.1 Z°'� ar-2s' a a� w. g•�.-1,.�•. r, :�c?3s'�` 4+.tti- .:�s-`,�.,� Jfi ..r�: '} ins:.+ura yi+',,` �..,' ti'n. `!.' :-4T.;H_ H.'.- - �,^SLv�ris:-.:: }�i_� ..^°'Rax ?-��-a�'�, py 'e`-a.` u 5�+-.•_' 4 5 W.�S � 30 Y-32 S�a.D..- I 'ur`-� a 4-Lr.�'i.'�u vg.T �1n'� �y t. ,f i<Q��. ( $1�.: �.{ L.'w'l F:�: to �� ! �-A p �i; �ii��y`� ,./y� `'.�,�`.6�" ,.�_. {�4$:1, �4:.`{'l+_`R. r �. � ti. a`i.Wa. F`w ?:` :..t� \T=raj ¢��+;� .1"w`�J 6 7:ODI 3 B < 0.1 7Wir 8 5:501 3. B. .0.006 13.0 7.042 < 0.1 18.5 < 2.5 < 3.0 10 11 - - - 12 5:15 3 Y 14 6:00 3 Y•• 16 6:00 3 Y " ww "am 1819 20 5:30 3 Y < 0.1 r 22 5:30 4 Y 0.006 16.8 7.286 < 0.1 66.7 < 5.0 23 ,_Z45 �A: x`'(: y �- g.•�rr Y.,,.� � 1$?=' 47D u r � r - - �- 24 5:00 4 B 25 '. -:. _ :r3f`i`�1 z- cT =:`w 3 '.: g e.,Sw _. ic' _ 26 1 4:40 4 Y I I 27 ;:5:30 : 4 ° 1(' N'r cmn-::,.- J 28 5:15 4 Y U zu 4 29 5:3D :':.3 . ._Y:� '`0 006i52:.7:285 30 5:00 3 Y y AVERAGE 0.006 14 < 0.1 20.4 <�0.5 23.0 3.3 ep, : 7�-=1nAx1MUM Y, r D 00Z 16:8, _ �:6 := < D.6.. ;- 66 c3�0 : MINIMUM 0.006 11.6 7.003 < 0.1 < 11.0 < 0.5 2.5 < 3.0 G. ,WG G G > �-G Z�r :• - - Monthly Limit 30 30 1 200 DWQ Form MR.-1 (01/OD) Facility Status: ( Please check one of the following ) All monitoring data and sampling frequencies meet permit requirements Compliant X All monitoring data and sampling frequencies do NOT most permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc. and a time table for improvements to be made. On Saturday, April 17th, we experienced a situation whereby several hundred gallons of our corn starch adhesive mixture was released into our WWTP. We immediately made efforts to reduce our flow through the starch settling pit to delay the introduction of this "Food" into our WWTP. Also, on Monday, April 19th, we began the use of polymers in our aeration basin in an effort to help these extra solids settle and keep them out of our effluent. Our TSS results were 66.7.mg/l on April 22nd and 47.0 mg/I on April 23rd. The following test, April 29, shows us back within limits ano we comnnue warnn inose nmiis. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervison In arxordance with a system designed to assure that qualified pasonnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted is,- to the best of my knowledge and belief, true, accurate, and complete. I am aware -that there Is significant penalties for submitting false information, including possibility of fines and Imprisionment for knowing violations." Denny E. Williams Permittee ( Please print or type) 4, • U ,4, Z l "-/ Signati#e of Permittee" bate (Required) P. O. Box 369, Shelby, N. C. 28151-0369 (704)'461-4530 August 31, 2003 Permittee Address Phone Number . Permit Exp. Date Parameter Codes 00010 Tempature 00556 Oil & Grease 00951 Total.Flouride 01067 Nickel 5DO60 Total 00076 Turbidity 00500 Total. Nitrogen 01002 Total Arsenic .. _.. 01077 Silver Residual Ammonia Chlorine '00080 Color (Pt -Co) 00610 Nitrogen 01092 Zinc 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen' Hexavalent Total 00095 Conductivity 00630 Nitrates/ Nitrites 01032 Chromium 01147 Selenium 71 B80 Formaldehyde Dissolved ^- Fecal 00301) Oxygen 01034 Chromium 31616 Coliforn 71900 Mercury 00310 BOD, 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 0072D Cyanide . 01037 Total Cobalt 34235 Benzene 00400 pH .00745 Total Suffide 01D42 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01 D45 Iron 38260 MBAS Residue 00929 . Total Sodium 01051 Lead 39516 PCBs 00545 Satiable Matter 00940 Total Chloride 01062 Molybdenum 50050. Flow Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's Web site at h2o.ennstate_nc.ustwas and linking to the Unirs information pages. Use only units designated in the reporting facilityrs permit for reporting data. ' ORC must visit facility and document visitation of facility as required per 15A NCAC eG .02D4 If signed by other than the pennittee , delegation of signatory authority must be on rile with the state per'15A NCAC 213.0505(b) (2) (D) A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0005061 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee Is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: �'•. I.! .i!.�"iL I .:.. �l..11. 1.„I .1,. .II .I I'II!II •.I 1. �.1 :I. ILL,. 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Al: vera e �rpiytr ai •"I a �4. {L i .:'1'•,�1 •�✓.: '.j - - ..r:ft }y,(��ry�y� �y ��_ql}• ;.`n'.K+;i ��k;t L _ arF-� �c.. A�yl�'!.�,y<�iY-?.�=���t 'r' .- i. ��! ,. _ n. a: Ympp _e�.. ...�.�Sample ume e - iAA�Lcato d�Fre iencYverag o.n -F ow M Weekly Instantaneous I or 5 mg 45.0 mg/l — ----- VVe—ekly Grab otal Suspendedo i s 3U.0 mg mg Weekly Grab 3 as N 2/Month Grab Fecal o r orm (geometric mean m m Weekly Grab Fecal v i orm (geometric mean Weekly Grab U,U otal ResidiaChionne ee ra Chronic Toxicity ua er y Grab Temperature °C ----VVe—eRly Grab E,U,D LAssolved Oxygen VveeKly Grab U,U on uc rvi y Weekly 71 Grab U,u PHJ Weekly Grab Notes: i Sample Locations: E - Effluent, I - Influent, U — Upstream 10 feet above the discharge point, D — Downstream 30 feet below the discharge. 2 Chronic Toxicity (Ceriodaplinia) P/F at 11 %; January, April, July, and October. See Special Conditions A (3) of the Supplement to Effluent Limitations. 3 Tile pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts, micnaei r-. tasrey, uovernor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 2/ 10/04 Denny E. Williams Jefferson Smurfit Corporation P.O. Box 369 Shelby, NC 28151 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Jefferson Smurfit Corp -Shelby Cleveland County Permit No: NC0005061 LV-2004-0033 Dear Mr. Williams: Alan W. Klimek, P.E. Director Division of Water Quality Vie ®EPT. OF ENVIRONMENT 01) Np,TURAL RESOURCES `','SAL OFFICE FEB 2 0 200� r ,. , r. r ,�i , fil a tii a I, l� This letter is to acknowledge receipt of check No. 5734805 in the amount of $185.04 received from you dated January 23, 2004. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, For Coleen Sullins, Deputy Director Division of Water Quality cc: Enforcement File #: LV-2004-0033 _M06resville_Regiorial:_Offi5e-Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 l Michael F. Easley, Gov.Dr / William G. Ross Jr., Secretary 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 12, 2004 CERTIFIED MAIL, 7003 2260 0001 3491 1197 RETURN RECEIPT REQUESTED Mr. Denny E. Williams Jefferson Smurfit Corporation P.O. Box 369 Shelby, NC 28151-0369 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. NC0005061 Jefferson Smurfit Corporation WWTP Case No. LV-2004-0033 Cleveland County Dear Mr. Williams: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $185.04 ($100.00 civil penalty + $85.04 enforcement costs) against Jefferson Smurfit Corporation. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Jefferson Smurfit Corporation for the month of October 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0005061. The violations are sun narized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Jefferson Smurfit Corporation violated the terms, conditions or requirements of NPDES Permit No. NC0005061 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 Jefferson Smurfit Corporation: NorthCarolina aturaay Division of water Quality, Mooresville Regional office, 919 North Main Sheet, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0005061, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Total Suspended Residue. $ 100.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0005061, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Suspended Residue. $ 100.00 $ 85.04 $ 185.04 TOTAL, CIVII. PENALTY Enforcement costs. 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. 14313- 2 82. 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 X` 2. Submit a written request for remission 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 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. 14313- 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 I' 3. File a petition for an administrative hearing with the Office of Administrative Bearings: 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 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 wish to consider applyin for or 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. (Date) ATTACHMENTS D. Rex GleasO4P.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 Attachment A Jefferson Smurfit Corporation NPDES Permit No. NC0005061 Case Number LV-2004-0033 Limit Violations, October 2003 Monthly Average Limit Violations Parameter Reported Value Limit Total Suspended Residue 31.0 30.0 Daily Maximum Limit Violations Parameter Reported Value Limit Total Suspended Residue 125.0 * 45.0 * denotes assessment of civil penalty. Units mg/L Units mg/L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cleveland IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Jefferson Smurfit Corporation ) PERMIT NO. NC0005061 ) FILE NO. LV-2004-0033 Having been assessed civil penalties totaling $185.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 12, 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 2004 BY -- ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST D`VQ Case Number: LV-2004-0033 Assessed Party: Jefferson Smurfit Corporation Permit No. (if applicable): NC0005061 County: Cleveland Amount Assessed: $185.04 Please use this form when requesting remission of this civil penalty. You must also complete the "Waiver of 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. 14313-282.1(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: I 0 DaCH�a•O=_ N�. �� LAOKT OcroSer . _ti- 200 = Jefferson S nurfi: COrpombOn _ li COUNTY Deye;and OPER-17:) , It: ?=SIONSIBLE CHARGE (ORC) Kenneth R. Hughe�,- GRADE7 Ii PHONE -(.7047,48 i-4525 CRRTI=1= �egORATORIES (11 Earth Environv(ental Services (2) i . ! . Env►ronmenta CHECK ,,C,- 1= ORC HAS CHANGED r � Person,sl Gohecun Samples: Ricnie Hendric i. flail and ONE COPY to: DIVISOh 0= 1h'A 7 =R QaA'ITY (SIGNATURE OF OPERATOF. IN RESPONSIBLE :BARGE? DATE_ I' S=-PVIC= CENTER BY THIS SIGNATURE. I CERTF'THAT THIS REPORT. RA1_=iv=:. NC 2768: -16 i 1 IS ACCURATE ANC COMPLETE TO THE BEST OF MY KNOWLEDGE I TGP:,: I I I _ ! ! I uI < � <^ i^ �i I, SORK 100010 f OUGO 60060 D0310 I 00610 I 00630 f 31616 00300 I I`I 00600 i I ENTER. PARAMc7ER COO_ AHOV_ NAME AND UNr7S 0066b I BELOW OW w W J U G W D? W= C U ' O o m w IT: : L < 0 C_ (n ~. _� C � _ < O W C w U o u ui Z X L Q p < O C ~ CC <yDAILY O O G ~CO T U-i o I 4- - T x IN;: RAID I-;qS I wBlN I MGD I V I UNITS UGILI MGIL I MGI! I MG;L =100ML I MG!L MGiL h:G�L 'ASS/FAIL -I i 12:3011.51 Y I - I 2 i 6:301 c I Y 0.0061 17.4 1 5.462 < 0.1 1 3.0 1< 0.5 1< 2.5 1 < 3.0 I I I I 3 5:151 3 1 Y 4! 1 I I I I 1 1 6 1 6:301 3 1 Y I I I I I 7 1 6:151 3 1 Y < 0.1 I 8 1 5:401 3 1 Y I I I I I I 9 1 5:301 4 1 B I 0.005 18.8 7,419 < 0.1 3.5 4.3 j< 3.0 1 10 I :301 3 1 B 12 I I I I I I I I I I 13 1 6:101 3 1 Y I I II 14 1 6:001 3 1 Y l< 0.1 I I I I I I I I I ! 1 15 1 5:401 3 1 Y 16 1 6:15 i 4 1 Y 0.0051 17.5 17.231 j< 0.1 7.1 1 10 1 8.7 1 9.0 I I I I I 17 1474010.21 Y I PASS 18 19 20 l 5 :15 i 3 1 Y I I I I I I I I I I 21 1 6:251 3 1 Y I I j< 0.1 22 16:001 3 1 B I I Il I I I I I 23 1 6:001 Y 0.005 15.91 7.036 < 0.1 16.0 17.0 I< 3.0 i 24 1 5:351 3 i Y 25 1 I 26 27 1 5:001 3 1 B 28 I 6:151 3 1 B 1 1 1 1< 0.1 I I I I I I I 29 6:401 3 1 B 11 30 1 5:451 4 1 B 0.0051 15.8 6.764 < 0.1. I< 24.0` 1 l 125.0�l 22 5. 0 1 I 1 1 I 31 1 6:001 3 1 B 31' AVERAGE 0.0051 17 < 0.1 1 7.4 5.25 1 _,,.!r 8.9 1 I I 1 I MAXIMUM 0.006 18.8 8:462 < 0.1 < 24.0 1 10 125.01 225.0 MINIMUM 1 0.005 15.8 6.764 1 < 0.1 ( 3.0 1 < 0.5 I< 2.5 1 < 3.0 1 I I I I Comp.(C)GravG) G G G G I G I G G I Monthly Limb I I 30 1 1 30. 1 200 I 1 I I I DWO =orrn MR.- i (01100) Facility Status: ( Please check one of the following ) All monitoring data and sampling frequencies meet permit requirements Compliant 0 All monhofina data and 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. and a time table for improvements to be made. :::xceedance of TSS limits on 10/30 was caused by an overagressive sludge wasting plan that left our system with an extremely young sludge that would not settle efficiently. Through use of a polymer, we were anie to ontam good settling results that remain today. Also, the BOD sample taken on 10/30 did not meet the reouirement of a DO residual of at least 1.0 mg/L. This failure does not invalidate the test. "l certify, under penalty of law, that this document and all attachments were prepared under my direction or supervison in accordance with a system designed to assure that qualified pesonnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there is significant penalties for submitting false information, including possibility of fines and imprisionment for knowing violations." Denny E. Williams Permittee ( Please print or type ) 121 ,C-'3 Signatur f Permittee" Date (Required) P. 0. Box 369, Shelby, N. C. 28151-0369 (704) 481-4530 August 31, 2003 Permittee Address Phone Number Permit Exp. Date 00010 T empature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity Dissolved 00300 Oxygen 00310 BOD, 00340 COD G0400 pH 00530 Total Suspended Residue 00545 Settabie Matter Parameter Codes 00556 Oil 8 Grease 00600 Total Nitrogen Ammonia 00610 Nitrogen 00625 Total Kjeldhal Nitrogen' 00951 Total Flouride 01002 Total Arsenic 01027 Cadmium 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 50060 Total Residual Chlorine Hexavalent Total 00630 Nitrates/ Nitrites 01032 Chromium 01147 Selenium 71880 Formaldehyde Fecal 01034 Chromium 31616 Coliform 71900 Mercury 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00745 Total Sulfide 01042 Copper 34481 Toluene 00927 Total Magnesium 01045 Iron 38260 MBAS 00929 Total Sodium 01051 Lead 39516 PCBs 00940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quaftty Section's Web site at h2o.enr.state.nc.us/wgs and linking to the Units information pages. Use only units designated in the reporting facilitYs permit for reporting data. ORC must visit facility and document visitation of facility as requ ml per ISA NCAC 8G .0204 r signed by Wt thm the permMee . delegation of skinatory auftnty must be on file with the state per tsA NCAC 23 .0505(b) (2) (D) c: 0 I — A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0005061 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge frorn outfall serial number 001. Such discharges shall be limited and monitored by the Permitlee as specified below: FLU ,;G!s;';;"''.,`' •::;: ` r` io i,, i., a. ,r.. , a ; : :., r: ;i; i,;,;.;,. ;,,, �; ,a, : ,: ,., ' on Fi„ y i ,Average d. i`; ee c y,., 'r'Avera e.'.h g arty 1Vlaximum �'r; !, ;' •. easlgf uremen �d, Frequencyr. k: �; �an�p e: �.. Type. ' arr , amp /e "Location -F ow MGt3 - ee y -Tnsfan aneous I or 8-O 5 -tng7F- —4 Fmgll ---e-ekly Grab otal buspen-de-d-S-6 i s �U�mg71— mg Weekly - ra s as olOf nth ra echo-Ti orm (geometric mean MF- r Weekly ra Fecal o r orm (geometric mean Weekly Grab otal Resid,a orrne eeGrab Chronic ToxiCity2 Quarterly -bra l Temperature °C Weekly -Grab E IIl� -Disso ve xygen I Weekly -Graff o' ucfivi y ee y i ram pH V Ve-e y i ra Notes: 1 Sample Locations: E - Effluent, I - Influent, U — Upstream 10 feet above the discharge point, D — Downstream 30 feet below the discharge. 2 Chronic Toxicity (Ceriodaphnia) P/F at 11%; January, April, July, and October. See Special Conditions A (3) of the Supplement to Effluent Limitations. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. NC FpT. OF ENV1ROi�ti� Water Pollution Control System Desi nationift �x —1 RESOURCES t WPCSOCC g NOORESY : --- nNAL OFFICE NCAC 15A:08G .0201' . i General Information: F E 6 2 32004 Permittee Owner/Officer Name: ben4 k "/4:2 pit- .5 Mailing Address: ! 12 a x 3 >F I t4U aL La City: v State: Zip: S - 3VI Telephone Number: (% L) k_v— 4t5 3D Signature: Date: I I Lo Facility Information: Facility: ylPvs Pry SW1 !a✓`'(� �� I��OOt�Q.J�i Oyi Permit Number: NC- DDD 5OkI County: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (X) Type of Facility Class (I — 4) Class Wastewater Plant �C v� Spray Irrigation N/A Physical/Chemical . Land Application N/A Collection System Subsurface N/A Operator in Responsible Charge: / Print Name: &14 JLR- h Social Security # Certificate Type and Grade: Wu119 Certificate t /L/ 6l Work Telephone: (.T ±) lf81--a Signature: Back -Up Operator in Responsible Charge: Print Name: /1'�at'i4 �-z ,/)- 4, Pn�'C-k Social Security # : Certificate Type and Grade: Work Telephone: ( Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 Water Pollution Control System Designation Form WPCSOCC NCAC 15A:08G .0201 General Information: Permittee Owner/Officer Name: Mailing Address: City: Telephone Number: Signature: Facility Information: Facility: Permit Number: State: Zip: - County: Date: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (X) Type of Facility Class (1— 4) Wastewater Plant Physical/Chemical Collection System son Operator in Responsible Charge: Print Name: Certificate Type and. Grade: Work Telephone: (_� Class Spray Irrigation N/A Land Application N/A Subsurface N/A Social Security # : Signature: Certificate #: Back -Up Operator in Responsible Charge: / Print Name: /1 h it A /-- ale- Social Security # Certificate. Type and Grade: ��Certificate #: 12W7 d Work Telephone: (7/ t) A, 82- 6-IL Z/ Signature: Z / 1 Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 a Division of Water Quality - Aquatic Toxicology Unit I September 22, 2003 MEMORANDUM To: Rex Gleason Water Quality Supervisor, MRO Through: Matt Matthews ('f'rr`* Supervisor, Aquatic Toxicology Unit From: Sandy Mort `7U-" Quality Assurance Officer, Aquatic Toxicology Unit Subject: Whole effluent toxicity test results Jefferson -Smurfit Corp. NPDES Permit # NC0005061/001 Cleveland County MD `.?���JR�: REP 2 9 2003 The aquatic toxicity test using grab samples of effluent discharged from Jefferson -Smurfit Corp. has been completed. Jefferson -Smurfit Corp.' has an effluent discharge permitted at 0.010 million gallons per day (MGD) entering East Fork Beaverdam Creek (7Q10 of 0.12 CFS). Whole effluent samples were collected on September 9 and 12 by John Lesley for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test using these samples resulted in a pass. Toxicity test information follows. Test Type 3-Brood Ceriodaphnia dubia pass/fail Test Concentrations 11 % sample Test Result Pass Control Survival 91.7% Control Mean Reproduction 26.4 neonates Test Treatment Survival 100% Treatment Mean Reproduction 29.1 neonates First Sample pH 6.76 SU First Sample Conductivity 622 micromhos/cm First Sample Total Residual Chlorine <0.0080 mg/L Second Sample pH 7.22 SU Second Sample Conductivity 571 micromhos/cm Second Sample Total Residual Chlorine <0.0052 mg/L Test results for these samples indicate that the effluent would not be predicted to have water quality impacts on receiving water. Please contact us if further effluent toxicity monitoring is desired. We may be reached at (919) 733-2136. Basin: BRD04 cc: Central Files Environmental Sciences Branch Water Quality Section State of North Carolina Department of Environment and Natural Resources Division of Water Quality 919 North Main Street Mooresville, North Carolina 28115 September 23, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0004 8286 5634 Mr. Kenneth R. Hughes Jefferson Smurfit PO Box 369 Shelby, North Carolina 28151 SUBJECT: NOTICE OF VIOLATION Whole Effluent Toxicity (WET) Testing NPDES Permit No. NC0005061 Jefferson Smurfit WWTP Cleveland County Dear Mr. Hughes: This is to inform you that a review of your toxicity self -monitoring report form for the month of July - 003 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE) which is a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note updated mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information and if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Lesley with this office at (704) 663- 1699. Sincerely, D. Rex Gleason, P.E. Regional Water Quality Supervisor cc: Aquatic Toxicology Unit Central Files s WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The germittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1- June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. i To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch. OF W ATF9 Michael F. Easley, oveUZ mor William G. Ross Jr., Secretary Cjj 7 North Carolina Department of Environment and Natural Resources " —I Alan W. Klimek, P. E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 29, 2003 Mr. Denny E. Williams, Manager Jefferson Smurfit Corporation Post Office Box 369 Shelby, North Carolina 28151-0369 Subject: Toxicity Test Results Jefferson Smurfit, Inc. WWTP NPDES Permit No. NC0005061 Cleveland County, NC Dear Mr Williams: Enclosed is a copy of the toxicity test results relative to the inspection conducted at the subject facility on September 9 and 12, 2003 by John Lesley of this Office. The test utilizing these samples resulted in a pass. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Central Files Aquatic Toxicology Unit Cleveland County Health Department Phone 704-663-1699 Mooresville Regional Office, 919 North Main Street, Mooresville, North Carolina 28115 Fax 704-663-6040 Avxx FJCDEN—IR Customer Service 1-877-623-6748 Jefferson Smurfit WWTP NPDES Permit No. NC0005061 Page 2 Whole effluent samples were collected on September 9 and 12, 2003 by Division staff for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. Jefferson Smurfit Corporation has an effluent discharge permitted at 0.010 MGD entering East Fork Beaverdam Creek (7Q10 of 0.12 CFS). The test using these samples resulted in a pass. Toxicity test information follows: Test Type Test Concentration Test Result Control Survival Control Mean Reproduction Test Treatment Survival Treatment Mean Reproduction First Sample pH First Sample Conductivity First Sample Total Residual Chlorine Second Sample pH Second Sample Conductivity Second Sample Total Residual Chlorine 3-Brood Ceriodaphnia dubia pass/fail 11% sample Pass 91.7% 26.4 neonates 100% 29.1 neonates 6.76 SU 622 micromhos/cm <0.0080 mg/1 7.22 SU 571 micromhos/cm <0.0052 mg/1 Test results for these samples indicate that the effluent would not be predicted to have water quality impacts on the receiving stream. Off( W A% _ Michael F. Easley ovemo \O� pG William G. Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources -i Alan W. Klimek, P. E., Director `C Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 15, 2003 Mr. Denny E. Williams, Manager Jefferson Smurfit Corporation Post Office Box 369 Shelby, North Carolina 28151-0369 Subject: Compliance Biomonito_ ring Inspection . Jefferson Smurfit; Inc. WWTP NPDES.Permit No. NC0005061 _ Cleveland Count y, NC .. Dear Mr. Williams: Enclosed -:is iicopy of Elie ComplianceBiomoiutoring Inspedtiori Report for the inspection conducted at the subject facility on September 9 and 12, 2003 by Mr. John Lesley of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. Samples of the facility's effluent discharge were.collected on September 9 and 12, 2003 ;; for:use m`a chronic Cer. iodaphnza dubia pass/fail toxiciiy_ est. Toxicity test results willbe = "-forwarded under separate -cover when available. The report should be self-explanatory; however, should you: have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at (704) 663-1699. ' Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Central Files Cleveland County Health Department JL Mooresville Regional Office, 919 North Main Street, Mooresville, North Carolina 28115 Phone 704-663-1699 Fax 704-663-6040 A+VA NCDENIR Customer Service 1-877-623-6748 United States Environmental Protection Agency, Washington, DC 20460 LT-OWA Form Approved NPDES Compliance Inspection Report ! OMB No. 2040-0003 North Carolina Department of Environment and Natural Resources � � Approval Expires Division of Water Quality, Mooresville Regional Office e CDENR 7/31/85 E­ .o Section A: National Data System Coding Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Facility Type N 5 NC0005061 03/09/09 B S 2 Inspection Work Days Facility Self -Monitoring Evaluation Rating BI QA ...........Reserved............ 2 4 N N Section B: Facility Data Entry Time: Permit Effective Date: Name and Location of Facility Inspected: 1300 99/04/01 Jefferson Smurfit Corporation Exit Time: 662 Washburn Switch Road 1610 Permit Expiration Date: Shelby, Cleveland County, North Carolina Date: 03/08/31 03/09/09 Name(s) of On -Site Representatives ------- Title(s) ----- --Phone No(s): Kenneth Hughes / ORC / 704-481-4525 Richard Hendrick / Operator Name and Address of Responsible Official: Title: Denny E. Williams Manager Jefferson Smufit Corporation Phone No. Contacted? Post Office Box 369 Shelby, North Carolina 28151-0369 704-481-4530 No Section C: Areas Evaluated During Inspection Permit ® Flow Measurement ® Operations & Maintenance ❑ Sewer Overflow ® Records/Reports ® Self -Monitoring Program ❑ Sludge Handling/Disposal ❑ Pollution Prevention ® Facility Site Review ❑ Compliance Schedules ❑ Pretreatment Program ❑ Multimedia ® Effluent/Receiving Waters ® Laboratory ❑ Stormwater ❑ Other: Section D:.Summary of Findings/Comments See Attached Sheet(s) for Summary Toxicity test results will be forwarded under separate cover when available. Signature(s) of Ins�jctor(s): Agency/Office/T elephone: Date: DENR-DWQ/MRO/(704) 663-1699 FAX: (704) 663-6040 September 15, 2003 John Lesley Signature of Reviewer: Agency/Office Date: Regulatory Office Use Only Action Taken Date: Noncompliance Compliance EPA norm 3560-3 (Revised 3-85) Previous Editions are Obsolete Jefferson Smurfit Corporation NPDES Permit No. NC0005061 Page 2 Sonja Williams last inspected the facility on March 27, 2003. PERMIT: The permit expired on August 31, 2003. The facility is operating under the constraints of the expired permit in accordance with Part 2, Section B (10) of the NPDES Permit. Correspondence from the Technical Assistance and Certification Unit dated August 17, 2001 which reclassified the facility as a Grade H Physical/Chemical System appears to be inconsistent with 15A NCAC 8G .0306(d) regarding physical/chemical system classification for classified biological systems (the facility classification should not have changed). FACILITY SITE REVIEW/OPERATIONS AND MAINTENANCE: The industrial wastewater treatment facility consists of polymer addition, fabric filters, and activated carbon adsorption. The domestic and treated process wastewater is combined and treated in a biological wastewater treatment plant consisting of a comminutor, aeration basin with -mechanical aeration, a clarifier, tablet chlorine disinfection, tablet dechlorination; and"a sludge holding tank. The ORC and Backup ORC are properly certified (Grade H and Grade I WWTP Operator Certifications) to operate the facility. The facility appeared to be well operated and maintained. Process control program consists of dissolved oxygen, settleable solids, pH; total residual chlorine, and sludge blanket depth measurements. LABORATORY The on -site lab is field parameter certified (Certificate No. 5181) for pH, dissolved oxygen, temperature, and total residual chlorine. Instrument verifications were conducted by Earth Environmental Services (EES) on August 8, 2003. EES conducts all other NPDES Permit required analyses. ETT Environmental conducts chronic toxicity testing: RECORDS AND REPORTS: Records and reports consist of monthly monitoring reports, chain -of -custody forms, laboratory reports, process control data, operations/ORC log, and work orders. All records and reports were complete and up to date. SELF MONITORING PROGRAM: Monthly monitoring reports were reviewed for the period January thorough July 2003. One quarterly toxicity violation was reported in July 2003. A Notice of Violation will be issued for the noncompliance. No other violations were reported during the period. All sampling is conducted in accordance with permit requirements. Jefferson Smurfit Corporation NPDES Permit No. NC0005061 Page 3 EFFLUENT/RECEIVING WATERS: The effluent discharge was clear, with no visible solids or foam. No impact was observed on the receiving stream (Beaver Dam Creek, 7Q10 = 0.12 CFS). Grab samples of the discharge were collected on September 9 and 12, 2003 for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. Toxicity test results will be forwarded under separate cover when available. SLUDGE DISPOSAL: Autrey. Concrete Products removes WWTP sludge and hauls it to Charlotte/1Vlecklenburg Utilities McAlpine Creek WWTP for farther treatment and processing. Republic Services, Inc. removes the industrial process sludge from the pretreatment system for disposal in the Foothills Environmental Landfill in Lenior, North Carolina. VA4 G 11 Michael F. Easley, Governor1� William G. Ross, Jr.,Secretary e > i �",.j�j"�'0: - North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality May 01, 2003 Mr. Denny E. Williams Jefferson Smurfit Corporation P:O. Box 369 Shelby, NC 28151-0369 Subject: Notice of Deficiency Compliance Evaluation Inspection Jefferson Smurfit Corporation WWTP NPDES Permit No. NC0005061 Cleveland County, North Carolina Dear Mr. Williams: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 27, 2003, by Ms. Sonja Williams of this Office. Please inform the facility's Operator -in -Responsible Charge (ORC) of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Deficiency (NOD) because of the deficiency noted in the Self- Monitoring Program section of the Inspection Report. It is requested that a written response be submitted to this office by May 30, 2003, addressing the deficiency noted in the above referenced section of the Inspection Report. In responding, please state corrective actions for the noted deficiency and address your comments to the attention of Mr. Richard Bridgeman. If you have questions concerning this report, please do not hesitate to contact Ms. Williams or me at (704) 663-1699. Sincerely, G�, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Cleveland County Health Department SW TAX h��Ehi=c=c Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (7D4) 663-1699 Customer Service FAX (704) 663-6040 1 800 623-7748 74 United States Environmental Protection Agency EPA/� Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 11_ 1 2 151 31 1,C0005061 • 111 12 I 03/03/27 117 18 Li 19 1„ I 20 I U LiI U J Remarks 21II66 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA -------------- Reserved--------- 67 I 1.5 169 70 U I' I 71 I ,. I 72 I ,L_ J I 73 � 74 751 I I I I I I 180 Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sefferson Smurfit Corp -Shelby 01:00 PM 03/03/27 99/04/01 Exit Time/Date Permit Expiration Date 662 Washburn Switch Rd Shelby KC 28150 03:30 PM 03/03/27 J. 03/08/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kenneth R. Hughes/ORC/704-482-7660/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Denny E. Williams,P.O. Box 369 Shelby KC 28151/Manager/704-481-4530j 2<c Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters aboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility was last inspected by Wes Bell of this office on August 9, 2001. PERMIT: The permit authorizes the continued operation of a 0.010 MGD wastewater treatment facility consisting of coagulant addition, fabric filters, and activated carbon adsorption for industrial wastewater and a comminutor, aeration basin with mechanical aerator, clarifier, chlorine disinfection, dechlorination, and a sludge holding tank for combined industrial and domestic wastewater (outfall 001); and continue (cont.) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Sonja Williams MRO W,Q//704-663-1699/704-663-6040 v Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. ppppr, NPDES yr/mo/day Inspection Type (cont.) 1 31 NC0005061 111 121 03/03/ 27 117 18' ' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) to discharge non -contact cooling water (outfall 002) The permit for this facility became effective on 4/1/99 and expires on 8/31/03. The facility has submitted a modification request, dated February 10, 2003, to route the cooling water to outfall 001 and shutdown outfall 002_ The Division has no objection to the request, which will be handled as part of the NPDES permit renewal for the facility. RECORDS AND REPORTS: Records and reports consisting of monthly monitoring reports (DMRs), chain of custody forms, laboratory analyses reports, process control data, operation/ ORC log, Maintenance log (work orders) were reviewed and found to be satisfactory_ FACILITY SITE REVIEW / OPERATIONS AND MAINTENANCE: The facility is staffed by a Grade II ORC. There are three certified back-up ORCs designated and available when the ORC is unable to visit the facility. The WWTP's process units appeared to be operating properly on the day of the inspection. The process control program consists of dissolved oxygen (DO) readings, settleability tests, pH, and sludge blanket measurements. Sludge wasting is based on DO and settleability tests. The facility's grounds were well maintained on the day of the inspection. .LABORATORY: Field parameter certification was inspected by Mr. Chet Waiting of the Laboratory Certification Unit on March 27, 2003. This report will be mailed separately: SELF -MONITORING PROGRAM: DMRs were reviewed for the period .:anuary 2002 through December 2002. The following deficiencies were found during the file review: - For October 2002, a Chronic Toxicity failure * was reported. - For the week of November 25, 2002, one sampling for the Total Residual Chlorine parameter was reported (permit requires two times per week). (�) denotes civil penalty and / or Notice of Violation was previously issued / assessed. All samples appeared to be properly collected, -preserved and analyzed within the required holding times. The upstream and downstream sampling locations are consistent with the permit requirements. FLOW MEASUREMENT: The effluent flow for both outfalls (001 and 002) are measured instantaneously by the bucket and stopwatch method. SLUDGE DISPOSAL: Waste sludge is removed by Autrey Concrete Products, Charlotte, NC. Sludge was last hauled on February 16, 2003. EN EFFLUEKT / RECEIVING WATERS: The effluent discharge (outfall 001) appeared clear with no traces of solids or foam. There was no discharge observed from outfall 002. 3oth outfalls (001 and 002) discharge into an unnamed tributary to 3eaverdam Creek, Class C waters in the Broad River 3asin. The receiving stream did not appear to be negatively impacted. The outfall was well -maintained and accessible on the day of the inspection. OF WATER �O� QG r o � 5181 Mr. Kenneth R. Hughes Jefferson Smurfit Corporation P.O. Box 369 Shelby, NC 28151-0369 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 21, 2003 SUBJECT: Initial Laboratory Certification Inspection Dear Mr. Hughes: Alan W. Klimek, P.E. Director Division of Water Quality NC DEPT. OF ENVIRONMENT AMC) WAJURAL RESOURCES Nwas ILLE REGIONAL OFFICE r, APR 22 2003 Enclosed is a report for the inspection performed on March 27, 2003 by Mr. Chester E. Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations. Within sixty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. Please contact us at 919-733-3908 if you have questions or need additional information. Sincerely, a^u (/ )Apr James W. Meyer Laboratory Section Enclosure cc: Chester E. Whiting Mooresville Regional Office Laboratory Section N. C. Division of Water Quality 1623 Mail Service Center Raleigh, NC 27699-1623 (919) 733-3908 Fax: (919) 733-6241 Internet: dwqlab.org Customer Service 1-800-623-7748 r- y A On -site Inspection Report LABORATORY NAME: ADDRESS: CERTIFICATE NUMBER: DATE OF INSPECTION: TYPE OF INSPECTION: EVALUATOR: LOCAL PERSON(S) CONTACT: I. INTRODUCTION: Jefferson Smurfit Corp. P.O. Box 369 Shelby, NC 28151-0369 5181 March 27, 2003 Field Parameter Chet Whiting Mr. Ken Hughes The above named laboratory was inspected to verify compliance with 15A NCAC 2H .0800 for the analysis of environmental samples. II. OVERVIEW: The facility was neat and well organized. Facility personnel provided the inspector(s) with all materials, and information requested for examination. III. DEFICIENCIES, REQUIREMENTS, COMMENTS, AND RECOMMENDATIONS: DOCUMENTATION: A. COMMENT: The overall quality of the documentation was very good. Some fine-tuning will be necessary to assure that all required documentation is recorded. Specifically, some additional information relating to the calibration of the D.O. meter needs to be documented. In specific document the elevation and temperature used to obtain corrected D.O. (Dissolved oxygen) readings as well as the calibration D.O. reading. The facility requested example bench sheets and these will be sent under separate cover. RECOMMENDATION: It is recommended that chemical and reagent information be documented in a logbook. This would include dates received and opened, vendor information including lot #. B. COMMENT: Data cross out corrections were observed. It is in the facility's best interest and therefore strongly recommended that the facility use the following procedure: For purposes of data defensibility correction fluid, and pencil entries are considered unacceptable for laboratory documentation. All entries are to be made in permanent ink. Jefferson Smurfit Field Parameter Inspection 2 Corrections are to be made as follows: 1) Draw a single line through the error. 2) Make the correction near the error, or in a corresponding margin. 3) Initial the correction. IV. CONCLUSION: Correcting the above cited comments and implementing the recommendations will help this facility to produce quality data and meet certification requirements. Please respond to all lettered comments. Note: If you have questions or we may be of assistance do not hesitate to contact us at 704 (663-1699 extension 297). Report prepared by Chet Whiting . Date: April 9, 2003 r M 2003 8:57 AM FR JEFFERSON SMURFIT C0487 4317 TO 17046636040 P.02iO3 North Carolina Department of Environment and Natural Resources Water Pollution Control System Operator Certification Commission Michael F. Easley, Governor William G. )[toss Jr., Secretary Coleen H. Sullins, Chairman CERTIFIED MAIL_ RETURN RECEIPT REQUESTED e�� NCDENR January 2, 2002 Mr. Ken Hughes Smurfit -Stone PO Box 369 Shelby, NC 28151 Physical Chemical Classification Rescinded System: Smurfit -Stone Wastewater Treatment System Classification: Grade 2 Physical Chemical System (Rescinded) Subject: Designation of ORC and Backup ORC for Physical / Chemical Permit: NC0005061 Dear Mr. Hughes. The Water Pollution Control System Operators Certification Commission adopted Rule 15A NCAC 8G .0306, Classification of Physical / Chemical Systems, effective April 1. 1999. In order to insure the proper operation and maintenance of these systems, this Rule requires that all systems permitted for a physical / chemical process to treat wastewater be classified as .physical / chemical systems. If the subject physical / chemical system consists of systems designed for (1) the remediation of contaminated groundwater, or (2) that utilizes a primarily physical process to treat wastewaters, (with the exception of reverse osmosis, electrodialysis, and utrafiltration systems), then that system shall be classified as a Grade I Physical / Chemical Water Pollution Control System. Rule 15A NCAC 8Gr .0306(a) If the subject physical / chemical system consists of systems that utilizes a primarily chemical process to treat wastewaters (including those systems whose treatment processes are augmented physical processes), they shall be classified as a Grade: II Physical / Chemical Water Pollution Control System. Reverse osmosis, electrodialysis, and utrafiltration systems shall also be classified as Grade 11 Physical / Chemical Water Pollution Control System. Rule ISA NCAC 8G .0306(b) If the water pollution control system that has, as part of its treatment process, biological water pollution control system that may be classified under Rule .0302, then that system shall be subject to additional classification as a biological water pollution control system. Rule 15A NCAC 8G .0306(c) Any water pollution control system subject to classification under Rule .0302 of this Section, 0�D11121.31'1" utilizing a physical / chemical process to enhance an activated sludge or fixed growth process, ahro k 2�2 `• shall not be subject to additional classification. Rule 15A NCAC 8G .0306(d) PN �IN `���G'� tiv 1618 Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: 919 — 733-0026 \ FAX: 919 — 733-1338 AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED i 1017. POST CONSUMER PAPER 2003 8:57 AM FR JEFFERSON SMURFIT C0487 4317 TO 17046636040 P.03iO3 The Water Pollution Control System Operators Certification Commission hereby classifies your system as a Grade 2 Physical Chemical System. This classification is based on information submitted in your application for a NPDES permit and/or based on the information you provided in the physical chemical classification survey that you completed during the months of April -May 2001. As required by Rule 15A NCAC 8G _0202(2) and the subject permit, a certified Operator in Responsible Charge (ORC) and back-up operator of the appropriate type must be designated for each classified system. ;Your system requires an ORC and back-up operator who hold valid physical / chemical operator certificates. Please complete and return the enclosed designation form to this office by )December 31, 2003. Failure to designate a properly certified ORC and back-up operator is a violation of the permit issued for this system. In accordance with Rule 15A NCAC 8G .0406(b), individuals presently working at physical / chemical water pollution control systems holding a valid Grade 1:, II, I11, or IV wastewater treatment plant operator certification, may apply for a conditional operators physical / chemical certificate without examination. He or she may do so if, he or she has one year experience and has successfully completed a training school sponsored or co -sponsored by the Commission for Grade I or Grade 2 Physical / Chemical Water Pollution Control System Operators. This conditional certification allows the bearer to act as the ORC or Backup ORC of that System only_ This conditional certification must be renewed annually per section .0700 of the rules. The Rules for this certification as well as otbers is found on the DWQ/Technical Assistance and Certification Unit web pane(brip://h2O.enr.state.nc.us/tacu/). Plans are now being made to conduct the first physical chemical school in January 15-18, 2002 at the McKimmon Center in Raleigh. This school is co -sponsored by AWWA/WEA and the NC Water Pollution Control System Operators Certification Commission. As soon as arrangements for the school are finalized you will receive more information. If we can be of assistance or you have any questions concerning this requirement, please call James Pugh at 919-733-0026, ext. 341 or e-mail: James.PughOncmail.net. Enclosures cc: WSRO Central Files TAC Facility Files Sincerely, James Pugh, Acting Supervisor Technical Assistance and Certification Unit ** TOTAL PAGE.03 ** BOG W R Michael F. Easley Q Governor ` William G. Ross, Jr., Secretary Department of Environment and Natural Resources �e p Gregory J. Thorpe, Acting Director Division of Water Quality August 20, 2001 Mr. Kenneth Hughes Jefferson Smurfit Corporation Post Office Box 369 Shelby, North Carolina 28151-0369 Subject: Notice of Deficiency Compliance Evaluation Inspection Jefferson Smurfit Corporation WWTP NPDES Permit No. NC0005061 Cleveland County, NC Dear Mr. Hughes: Enclosed is a. copy. of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 9, 2001, by Mr. Wes Bell of this Office. It is requested that a written response be submitted to this Office by September 7, 2001, addressing the deficiencies noted in the Self -Monitoring Section of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure , cc: Cleveland County Health Department 1AIM NCDEW Customer Service 1 800 623-7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone Fax (04) 6 -1 6 9 US Environmental Protection Agency, Washington, D.C., 20460 k Form Approved. OMB No.2040-0057 Water Compliance Inspection Report �� NC Division of Water Quality / Mooresville Regional Office NCDPNR Approval Expires 8-31-98 Section,A:NationaliData`S stem';.Codin Y h Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Facility Type N 5 NC0005061 01/08/09 C S 2 Remarks: a Inspection Work Days Facility Evaluation Rating BI QA ..........Reserved........... 1.5 3 N N :Section B: ^Fscility:Data Name and Location of Facility Inspected: Entry Time: Permit Effective Date: Jefferson Smurfit Corporation WWTP 10:28 am 99/04/01 on NCSR 1313 Exit Time/Date: Permit Expiration Date: northwest of Shelby Cleveland County, North Carolina 11:48 am 03/09/31 01 /08/09 Name(s) of On -Site Representative(s)/Title(s)/Phone No(s)/Fax No(s): Mr. Kenneth Hughes/ORC/704-481-4525 Name and Address of Responsible Official: Title: Mr. Kenneth Hughes ORC/General Supervisor Jefferson Smurfit Corporation Post Office Box 369 Phone No: Contacted? Shelby, North Carolina 28151-0369 704-481-4525 Yes Section C: Areas Evaluated Duringdnspection (Check-,onEyaMose areas evaluated) X Permit X Flow Measurement X Operations & Maintenance X Sewer Overflow X Records/Reports X Self -Monitoring Program X Sludge Handling/Disposal Pollution Prevention X Facility Site Review Compliance Schedules Pretreatment Multimedia X Effluent/Receiving Waters X Laboratory Storm Water Other: i -SectionD::Summary ofFindings/Comments See Attached Sheet(s) for Summary. Name(s) and Signature(s) of Inspectors: Agency/Office/Telephone No: Date: „ Wes Bell ll �,'-UL NCDWQ/MOORESVILLE/(704)663-1699 8/20/01 i Date: I. Signature of Management QA Reviewer: Agency/Office/Phone & Fax No: Date:" EPA Form 3560-3 (Rev. 9-94) Previous editions are obsolete pppppp Jefferson Smurfit Corporation WAWP Page Two The facility was last inspected by Wes Bell of this office on September 22, 1999. PERMIT: The facility is authorized to continue the operation of a 0.010 MGD wastewater treatment facility consisting of coagulant addition, fabric filters, and activated carbon adsorption for industrial wastewater and a comminutor, aeration basin with mechanical . aerator, clarifier, chlorine disinfection, dechlorination, and a sludge holding tank for combined industrial and domestic wastewater (outfall 001); and continue to discharge non -contact cooling water (outfall 002). The permit for this facility became effective on 4/l/.99 and expires on 8/31/03. RECORDS AND REPORTS: Records and reports consisting of chain of custody forms, laboratory analyses reports, monthly monitoring reports, calibration logs, process control data, Operator in Responsible Charge (ORC)/daily operation log, and sludge records are maintained in accordance to permit conditions. The records were in-depth and well organized. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The pretreated industrial wastewater is combined with the domestic wastewater prior to entering the" WWTP. The process units appeared to be operating properly and the surrounding grounds were well maintained. The mixed liquor appeared to be adequately oxygenated and well mixed. No biocides are added to the non -contact cooling water. The process control program consists of DO, settleability tests, and sludge blanket measurements. Sludge wasting is based on DO and settleability tests. The facility is staffed with one Grade II ORC. A certified back-up operator has been designated and is available when the ORC is unable to visit the _facility. The ORC was very knowledgeable of the treatment processes and equipment used at the facility. LABORATORY: Earth Environmental Services, Inc. of Shelby, North Carolina and ETT Environmental, Inc., of Greenville, S.C. have been contracted to provide analytical support.. The laboratories were not evaluated during this inspection. A laboratory exemption for pH, TRC, and settleable solids was issued on 7/14/95 by the Division's Laboratory Certification Unit. The pH and TRC meters and thermometer appeared to be properly calibrated. EFFLUENT/RECEIVING STREAM: The effluent discharge (outfall 001) was clear with no suspended solids or foam. There was no discharge observed from outfall 002. Both outfalls (001 and 002) discharge into an unnamed tributary to Beaverdam Creek, which is a Class C water in the Broad River Basin. The receiving stream did not appear to be negatively impacted. The discharge outfall (001) was well maintained and accessible at the time of the inspection. Jefferson Smurfit Corporation WWTP Page Three SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period June 2000 through May 2001, inclusive. No limit violations were reported. No pH was reported for outfal1002 for the second semi-annual sampling event. Only one TRC value was reported for the weeks of February 11 through February 17 and February 18 through February 24, 2001. On numerous occasions, the WWTP was not visited five days per week. 15A North Carolina Administrative Code (NCAC) 08G .0204(2)(b) requires that biological grade II, III, and IV systems shall be visited five days per week, excluding holidays and, weekends unless otherwise. specified in the permit. Note: The ORC indicated that the entire facility was shutdown on several occasions. The facility must provide the adequate visitation for the WWTP during weekday shutdowns. Only one sample time was reported for the upstream and downstream sample times for the entire review period. The upstream and downstream times appeared to have been the operator's arrival time. In addition, no times were recorded for the on -site analyses for TRC, pH, DO, and temperature. All data required for sample collection and sample analyses shall be documented in accordance with Standard Methods, 18th Edition, 1060 B and the NPDES Permit. The required 10-day interval between the collection of samples for ammonia was not adhered to for the month of February 2001. A <0.01 mg/l TRC value was reported in March 2001. The value appeared to have been a transcription error. The ORC and permittee must insure that all DMRs and accurate and complete before submittal to the Division. All samples appeared to be properly preserved and the on -site samples appeared to have been collected and analyzed within the required holding times. The upstream and downstream sampling locations are consistent with the permit requirements. FLOW MEASUREMENT: The effluent flow for both outfalls (001 and 002) are measured instantaneously by the bucket and stopwatch method. SLUDGE DISPOSAL: Waste sludge is removed by Autrey Concrete Products & Builders Supply Co., Inc., of Charlotte, N.C. and disposed at a CMU WWTP. Sludge from the industrial pretreatment wastewater process is disposed by Republic Services, Inc. at the Foothills Environmental Landfill in Lenoir, N.C. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit, and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection sewer, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the central office or the appropriate regional office (Mooresville pppppp- Jefferson Smurfit Corporation WWTP Page Four SEWER OVERFLOW cont'd: Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. Overflows and spills occurring outside normal business hours may also be reported to the Division's Emergency Response personnel at 800-662-7956, 800-858- 0368, or 919-733-3300. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc...) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. PPP North Carolina- Department of Environment and Natural Resources ` m V Water Pollution Control System Operator Certification Commission -AV;AZ3L Michael F. Easley, Governor William G. Ross Jr., Secretary Coleen H. Sullins, Chairman CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ken Hughes Smurfit -Stone PO Box 369 Shelby, NC 28151 0—ftft./-ft` NC CE .� QFFl C D E R AUG 3 0 2001 August 17, 2001 System: Smurfit -Stone Wastewater Treatment System Classification: Grade 2 Physical Chemical System Subject: Designation of ORC and Backup ORC for Physical / Chemical Permit: NC0005061 Dear Mr. Hughes: The Water Pollution Control System Operators Certification Commission adopted Rule 15A NCAC 8G .0306, Classification of Physical / Chemical Systems, effective April 1, 1999. In order to insure the proper operation and maintenance of these systems, this Rule requires that all systems permitted for a physical / chemical process to treat wastewater be classified as physical / chemical systems. If the subject physical / chemical system consists of systems designed for (1) the remediation of contaminated groundwater, or (2) that utilizes a primarily physical process to treat wastewaters, (with the exception of reverse osmosis, electrodialysis, and utrafiltration systems), then that system shall be classified as a Grade I Physical / Chemical Water Pollution Control System. Rule 15A NCAC 8G .0306(a) If the subject physical / chemical system consists of systems that utilizes a primarily chemical process to treat wastewaters (including those systems whose treatment processes are augmented physical processes), they shall be classified as a Grade II Physical / Chemical Water Pollution Control System. Reverse osmosis, electrodialysis, and utrafiltration systems shall also be classified as Grade II Physical / Chemical Water Pollution Control System. Rule 15A NCAC 8G .0306(b) If the water pollution control system that has, as part of its treatment process, biological water pollution control system that may be classified under Rule .0302, then that system shall be subject to additional classification as a biological water pollution control system. Rule 15A NCAC 8G .0306(c) Any water pollution control system subject to classification under Rule .0302 of this Section, utilizing a physical / chemical process to enhance an activated sludge or fixed growth process, shall not be subject to additional classification. Rule 15A NCAC 8G .0306(d) 1618 Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: 919 — 733-0026 \ FAX: 919 — 733-1338 AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER PPPPPPP' The Water Pollution Control System Operators Certification Commission hereby classifies your system as a Grade 2 Physical Chemical System. This classification is based on information submitted in your application for a NPDES permit and/or based on the information you provided in the physical chemical classification survey that you completed during the months of April -May 2001. As required by Rule 15A NCAC 8G ;0202(2) and the subject permit, a certified Operator in Responsible Charge (ORC) and back-up operator of the appropriate type must be designated for each classified system. Your system requires an ORC and back-up operator who hold valid physical / chemical operator certificates. Please complete and return the enclosed designation form to this office by December 31, 2003. Failure to designate a properly certified ORC and back-up operator is a violation of the permit issued for this system. In accordance with Rule 15A NCAC 8G .0406(b), individuals presently working at physical / chemical water pollution control systems holding a valid Grade I, II, III, or IV wastewater treatment plant operator certification, may apply for a conditional operators physical / chemical certificate without examination. He or she may do so if, he or she has one year experience and has successfully completed a training school sponsored or co -sponsored by the Commission for Grade I or Grade 2 Physical / Chemical Water Pollution Control System Operators. This conditional certification allows the bearer to act as the ORC or Backup ORC of that System only. This conditional certification must be renewed annually per section .0700 of the rules. The Rules for this certification as well as others is found on the DWQ/Technical Assistance and Certification Unit web page (http://h20.enr.state.nc.us/tacu/). Plans are ' now being made to conduct the first physical chemical school in January 15-18, 2002 at the McKimmon Center in Raleigh. This school is co -sponsored by AWWA/WEA and the NC Water Pollution Control System Operators Certification Commission. As soon as arrangements for the school are finalized you will receive more information. If we can be of assistance or you have any questions concerning this requirement, please call James Pugh at 919-733-0026, ext. 341 or e-mail: James.Pugh@ncmail.net. Enclosures cc: WSRO Central Files TAC Facility Files Sincerely, I Tony Arnold, Supervisor Technical Assistance and Certification Unit �d CSOCC pp..����� ae ' iYiFta NCAC 15A:08G .0201 ,. p x.: General Information: F h� APR 2 3 2002 Jv Permittee Owner/Officer Name: Mailing Address: / n w n g ,a c/�/ a t'Cr5 V y 'i � i:,a I. City: c� State :/y- L Zip: D 3 6 1 Telephone Number: (ZO�f- 1 __ #y - *,5-3 O Signature: Date: bi J ........................................................................� Facility Information: Facility: J G 7qe` - c n h sm kry- t k 0Va/ -, "o yi Permit Number:' DDFJ .3W O// County: le ve- 4 o ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (JO Type of Facility Class (1- 4) Class Wastewater Plant _ (X Spray Irrigation N/A Physical/Chemical Land Application N/A Collection System Subsurface N/A ......................................... ■ ............................. ■ 1 Operator in Responsible Charge: Print Name: ��� i ), kl e-& A 171Mg s Social Security #: 6q *1, -- ,K-E5s!� Certificate Type and Grade: 61)V Certificate #: P b119 Work Telephone: C2 1 �G�/ -/� Signature: mom MEN Back -Up Operator in Responsible Charge: Print Name: le-7 e� . /7r, d 2 e 5 Social Security # : Certificate Type and Grade: Gli U% l Certificate #: Work Telephone: (%) A-92 -/elf 71 Signature: f- f� Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 W�AbAaM O1V11 i' VL AAA WPCSOCC NCAC 15A:08G .0201 General Information: Permittee Owner/Officer Name: Mailing Address: City: Telephone Number: (____) Signature: State: Zip: - Date: eeeeeee.eeee.eeeeee.eee0e.eeeeee.ee.ee..ee■2a0aaaaaaa8a00aaaaaaaaaaa0a0aI Facility Information: Facility: Permit Number: County: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (X) Type of Facility Class (1- 4) Class Wastewater Plant Spray Irrigation N/A Physical/Chemical Land Application N/A Collection System Subsurface N/A ■a a s ata a a a a a 0aaWa00■ a a a a e a a a a s a s a a a at a a■■a■ a a a a a a a a a a a a a a a a t a a a a a a t a a a a al Operator in Responsible Charge: Print Name: Social Security # : Certificate Type and Grade: Certificate #: Work Telephone: (� Signature: ■■aaaaaaaaaaaaaaaaaaeeaataaaaaaaeaaa�aaaaaaaaaa■.aeaa.eaeeeeaeeaaeameaem�® Back-Up Operator in Responsible Charge: Print Name: Rom a / 5-A, ' %der- Social Security #: 3 6 6 - 5? - /19'D D Certificate Type and Grade: Work Telephone: (7DH) 481- ,4 h / A Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 0/ Revised 10/2000 pcs6CC NCAC 15A:08G .0201 General Information: Permittee Owner/Officer Name: Mailing Address: City: State: Zip: - Telephone Number: Signature: Date: now a mango Mono 0 ME me ONE MEN NNE OEM sommosimmommom ONO amasses SOON some OEM manes Noel Facility Information: Facility: Permit Number: County: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark Type of Facility Class (1-4) Class Wastewater Plant Spray Irrigation N/A Physical/Chemical Land Application N/A Collection System Subsurface N/A MEMO a no am won MENEM no Mammas none a WOMEN Mammas am a ass Mono MEE so am NONE a am No am on NJ Operator in Responsible Charge: Print Name: Certificate Type and Grade: Social Security # : Work Telephone: (_ Signature: Certificate #: Noun am mom ass a a am am Noonan a a a am am own Samoans no a mom none OMEN soon none a anon mom NJ Back -Up Operator in Responsible Charge: Print Name: _ ffeaA A4 L _ GVe ///n o n Social Security # : a 64- & - 86 * ) Certificate Type and Grade: GU tV / Certificate #: Work Telephone: ( %t9# It/t7 J Signature: id g Zf3 Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 PF — Smurfit -Stone, Container Division \� May 16, 2003 !' Mr. Richard Bridgeman NCDENR 919 North Main Street Mooresville, N. C. 28115 MC 1)EPT. OF E� AD M�YURA�. JWd6 .' f 1 r.,� a7 83 r [i[w�'��N LioJp Subject: Compliance Evaluation Inspection of NPDES Permit #NC0005061 Jefferson Smurfit Corporation, Cleveland County, N. C. Dear Mr. Bridgeman: This letter is in response to the Compliance Evaluation done on March 271h of this year and the subsequent report. On that report we had two issues with our self monitoring program that we need to address in this response. First, was our Chronic Toxicity failure in October of 2002. As stated on our DMR for that month, we believe the failure was due to excessive chlorine residual and that this high residual was probably because of the tablets of "DE-chlor" were lodged in the feeder tubes and not as effective as they should be. We took advantage of the ability to do "multiple concentration" chronic toxicity test for the remaining two months of the quarter and received a "Pass" for the quarter. Results for November show a Chronic Value of 31.1% and December's results were >44.0%. The chronic value for the quarter was greater than the IWC of 11%. Second, we only did one of the two required chlorine residual checks for the week of November 25th. This was due to operator oversight during a holiday week For this holiday (Thanksgiving), we have Thursday and Friday as holidays. The operator that does this testing normally performs these checks on Tuesday and Thursday. With Thursday as a holiday, we quite simply missed one of our checks that week. To prevent this oversight in the future, we have taken a twofold approach. We have produced the attached reminder which is to be displayed in conspicuous places and also I have set-up, through my computer email program, a reminder at each of the holidays we have scheduled that give us a possible three day work week. If you have further questions or concerns, please contact me at 704-481-4525 or via email at khughes@smurfit.com. Sincerely, Kenneth R. Hughes ORC Pr NOTICE Chlorine Residual testing of our effluent is required two times per week. If (because of holidays) we have a three day work week scheduled, this will make it necessary to check the chlorine residual of our effluent on two consecutive days . Water Pollution Control System DesignatiowEbbijZALRESOURCES WPCSOCC MOORESVILLF PF:rjo,,iAL OFCiCE NCAC 15A:08G .0201 General Information: APR 0 7 2003 Permittee Owner/Officer Name: Mailing Address: z2 0• br, X 3 �9 °r m City:5- c l,<1 if State: A/ Zip: Telephone N ber: �f53p Signature: Date: onsommomommummmmemommmommmmommommummmunnomemmmmmmmmmmmnmmmmmmmmmmommmmmI Facility Information: Facility: .J e� ti v e n �y» c[ r �i [�� r ��Od rai D i'► Permit Number: 1) C AM 5JQ 6/ County: Chwe- /61 `1 C"l ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (X) Type of Facility Class -(I 4) Wastewater Plant Physical/Chemical Collection System Operator in Responsible Charge: Class Spray Irrigation N/A Land Application N/A Subsurface N/A Print Name: !t ��. %��'1 /1 //UU Xef Social Security # : Certificate Type and Grade: Certificate #: Work Telephone: Signature:�� Back -Up Operator in Responsible Charge: Print Name: i X-4 Social Security Certificate Type and Grade: / Cificate #: Work Telephone: ( P ff 7it-12 - fk11- 7 % Signature: 7JJLII,"I� Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 Water Pollution Control System Designation Form WPCSOCC NCAC 15A:08G .0201 General Information: Permittee Owner/Officer Name: Mailing Address: City: Telephone Number: '() State: Zip: - Signature: Date: Facility Information: Facility: Permit Number: County: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (X) Type of Facility Class (1— 4) 1 Class Wastewater Plant Spray Irrigation N/A Physical/Chemical Land Application N/A Collection System Subsurface N/A Operator in Responsible Charge: Print Name: Social Security # Certificate Type and Grade: Certificate #: Work Telephone: (_� Signature: Back -Up Operator in Responsible Charge: Print Name: 1&ie /c/ 'kei^ Social SecurityIf Certificate Type and Grade: Work Telephone: Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 Water Pollution Control, System Designation Form WPCSOCC NCAC 15A:08G .0201 General Information: Permittee Owner/Officer Name: Mailing Address: City: Telephone Number: () Signature: Facility Information: Facility: Permit Number: State: Zip: - Date: County: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (X) Type of Facility Class (1— 4) Wastewater Plant Physical/Chemical Collection System Operator in Responsible Charge: Print Name: Certificate Type and Grade: Work Telephone: Class Spray Irrigation N/A Land Application N/A Subsurface N/A Social Security # : Signature: Certificate #: Back -Up Operator in Responsible Charge: Print Name: Afe.1 n e' & ltlell''0en Social Security # : Certificate Type and Grade: W) e I Certifsicate #: ,;R ,,2 6. V Work Telephone: (%0I) OFA — �'t�J �7 / Signature: d s7 -C Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C: 27699-1618 Fax: 919/733-1338 Revised 10/2000 Smurfit -Stone Smurfit -Stone Container Corporation 662 Washburn Switch Road P. O. Box 369 Shelby, N. C. 28151-0369 February 11, 2003 Attn: Mr. Mike Parker NCDENR 919 North Main Street Mooresville, N. C. 28115 KC OEPT. OF ENVIROWEV AKD NATURAL RESOUR LIOMSViLLE REGIONAL OFFRO 'HATER QUALITY Subject: Discontinuing Outfall 002 on Permit #NC 0005061 Dear Mr. Parker As we discussed on Friday, February 71h, I have sent a letter to Mr. Dave Goodrich concerning the diverting of Outfall 002 into the collection system of Outfall. 001. This would eliminate any effluent going to Outfall 002. Included with this letter is a copy of the letter sent to Mr. Goodrich. If you have any questions or concerns, contact me at 704-481-4525. Sincerely, Kenneth R. Hughes ORC Smurfit -Stone Smurfit Stone Container Corporation 662 Washburn Switch Road P. O. Box 369 Shelby, N. C. 28151-0369 February 10, 2003 _ Attn: Dave Goodrich NCDENR 1617 Mail Service Center Raleigh, N. C. 27699-1617 Subject: NPDES Permit #NC0005061, Outfall 002 Dear Mr. Goodrich: This is to inform you of a change we have made on our non -contact cooling water (outfall 002) and also a change we propose to make. . The majority of our non -contact cooling water has been diverted through a closed loop cooling system. This is a refrigerant based cooling system which reuses the same water over and over. This change has reduced the effluent from outfall 002 to less than 1000 gallons per day. Our estimate is that we probably have 500 gallons or less going through this discharge point. We propose that, to maintain better control of this effluent, we eliminate outfall. 002 and direct this flow through our activated sludge process into outfall 001. We feel that, at this low level of flow, this can be done with no adverse effects on the effluent quality of outfall 001. If you have no objections, we plan to do this in mid -March of this year. Please contact me at 704-481-4525 if you have any questions or concerns. Sincerely, Kenneth R. Hughes ORC Copy to: Mike Parker Kenneth Hughes Jefferson Smurfit Corporation P.O. Box 369 Shelby, NC Dear Permittee: Michael F. Easley Governor NCDENR WilliamRossldr;;Secretary n North Carolina Department of Environmentea;nd�NatGral. Resou�ees ,�T Alan W. Klimek,...,Direto 'Division of Water Quality January 3, 2003 JA% 2 2 ©� 28151 Subject: Renewal Notice NPDES Permit NC0005061 Shelby mill Cleveland County rim The subject permit expires on August 31, 2003. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2003 (or if continuation of the permit is desired), the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact Valery Stephens at (919) 733-5083, extension 520. Sincerely, Charles H. Weaver, Jr. NPDES Unit CC: Central Files MooresviIle`Reional Off ce,-Water_Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VisirusONTHEINTERNET@http://h2o.enr.state.nc.us/NPDES e-mail: valery.stephens@ncmail.net NPDES Permit NC0005061 Shelby mill Cleveland County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (coo)ing water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources f Division of Water -Quality A_ 91018rth`IVlaulSieet ' " _ a Mooqj resvilleNoith Carolina :28115� _ :f December-20,.2002 _ ... ... -CERTIFIED MAIL RETURN,RECEIPT REOUESTED ' - Mr. Kenneth Hughes 7001 2510 0005 0287 9610 :Jefferson -Smurfit Corporation PO Box 369 Shelby, North Carolina 28151 SUBJECT: .NOTICE OF VIOLATION Whole•Effluent Toxicity:(WET);Testing _NPDES Permit No. NC0005061 Jefferson Smurfit.WWTP_ Cleveland County Dear Mr. Hughes: This is to inform you that a review of your toxicity self -monitoring report form for the month of October 2002 indicates a violation of the toxicity limitation specified in your NPDES Permit. You- should take whatever remedial actions are necessary to eliminate the conditions causing the effluent -toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE) which is a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this:Notice.contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note updated mailing addresses for submitting your Discharge -Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourageyouu -to .rev iew,. this ,=information.andifit,wouldbe,helpful.to discuss t1iis:situation.orpossible solutions -to -resolve effluent.toxicity noncompliance, .please contact Mr. John'Lesley with this office at (704) 663- 1699. _. .._. Sincerely fy D. Rex Gleason, P.E. Regional Water Quality Supervisor cc: Aquatic Toxicology Unit Central Files Y WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort .to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information:. Please .take-time,to:review this information. The items below do not '-address or include -all the toxicity=testing and reporting requirements contained in your NPDES-permit..If you -should have any questions about your toxicity testing requirement, -please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring .that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole -effluent toxicity testing data is a dual requirement: All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitor"mg " Report ' which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must'be'submitted to the following address:,_ North Carolina Division of Water,Quahty Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your .NPDES permit may require use of multiple concentration .toxicity testing upon failure of any single quarterly toxicity test. -If the initial pass/fail test fails or if the chronic value is lower than .the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of. multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the. NPDES Permit, except-for.NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility -does not have a discharge'fiom January 1- June 30, then you -must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you .receive notification from your contract laboratory that a test was invalidated, you should immediately notify the -Environmental -Sciences .Branch at (919) 733 2136 and provide written documentation indicating why ` the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submittiu your toxicity test results certified mail return receipt requested to the Environmental Sciences Branch. Smurfit -Stone Container Division July 15, 2002 Mr. Rex Gleason NCDENR 919 North Main Street Mooresville, N. C. 28115 Subject: Signatory Authorization, WWTP permit # NC0005061 Dear Mr. Gleason '1` L 177 `2On ry`yJ �55 jj2 ~ Ji F n e , G .i Enclosed with this letter you will find a copy of the "Delegation of Authority" letter. This letter gives authority to our local General Manager to sign environmental applications, certifications, reports and consent orders as necessary. Mr. Wes Bell informed me that you needed this authorization included in your files. Although this letter gives our General Manager permission to redelegate this authority, the permit states that this person must be one that has overall responsibility for the operation of our facility. We have no one here, other than our General Manager, who has this responsibility on a regular basis. Therefore, we have not named anyone as authorized to sign in our General Manager's absence. . If you have questions, please contact me at (704) 482-4471 or by email at khu esA_smurfit.com. - Ken Hughes SOC Post Office Box 369 Shelby, North Carolina 28151 phone 704-482-4471 fax 704-487-4317 "444 FFV DELEGATION OF AUTHORITY FOR ENVIRONMENTAL APPLICATIONS, CERTIFICATIONS, REPORTS AND CONSENT ORDERS As Vice President and General Manager of Jefferson Smurfit Corporation (U.S.), Corrugated Container Division, I hereby ratify and confirm the authority of the General Manager of each of the facilities now or hereafter within this Division, including, but not limited to, those listed on Attachment A hereto, to execute and submit all required or appropriate environmental applications, certifications, reports, and consent orders for the facility(ies) they manage. This delegation of authority includes, without limitation, the authority of each facility General Manager to act as the "responsible official" for their facility(ies) within the meaning of Title V of the Federal Clean Air Act Amendments of 1990 and the implementing federal, state and local agency regulations. To the extent allowed by applicable law, the facility General Manager m.ay redelegate this authority, in writing, to the facility's environmental coordinator or other appropriate facility personnel. This delegation has no expiration date. I r(k James avis Vice P ident and General Manager Corrugated Container Division Jefferson Smurfit Corporation (U.S.) Date: State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Willam G. Ross Jr., Secretary Alan Klimek, P.E., Director "V MR. DENNY E. WILLIAMS PO BOX 369 SHELBY, NC 28151 Dear Mr. Williams: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 13, 2002 SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY.ASSESSMENT JEFFERSON SMURFIT CORP-SHELBY CLEVELAND COUNTY PERMIT NO: NC0005061 LV 02-125 This letter is to acknowledge receipt of check No. 5733225 in the amount of $335.45 received from you dated May 30, 2002. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations or Permits. If you have any questions, please call Bob Sledge at (919) 733-5083. Sincerely, 6�-_ N DEPT. OF EPN!r (3MiE T Aid N TURA �Coleen Sullins, Chief�b�RES'.'P" Water Quality Section JUN 2 5 2002 Cc: Enforcement File #: LV 02-125 MRO Regional Office Supervisor Central Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Ppppp," \OF W ATF9Q cO co r C) May 8, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Denny E. Williams, General Manager Jefferson Smurfit Corporation P. O. Box 369 Shelby, NC 28151-0369 Dear Mr. Williams: Michael F. Easley V Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality 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. NC0005061 Jefferson Smurfit Corporation -Shelby WWTP Case No. LV 02-125 Cleveland County This letter transmits a Notice of Violation and assessment oftivil penalty in the amount of $335..45 ($250.00 civil penalty + $85.45 enforcement costs) against the Jefferson Smurfit Corporation. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Jefferson Smurfit Corporation for the month of December 2001. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0005061. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Jefferson Smurfit Corporation violated the terms, conditions or requirements of NPDES Permit No. NC0005061 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 the Jefferson Smurfit Corporation: INMENR Customer Service 1 800 623-7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 Fax (704)663-6040 c;>o For of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0005061, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Suspended Residue. TOTAL CIVIL PENALTY $ 85.45 Enforcement costs. 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 gravityof 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 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 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this- assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-1601 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional ()ffir.P st 704/66'1-1699 ((Date) ATTACHMENTS D. Rex Gleason, 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 Attachment A Jefferson Smurfit Corporation NPDES Permit No. NC0005061 Case Number LV 02-125 Limit Violations, December 2001 Daily Maximum Limit Violations Parameter Reported Value Limit Total Suspended Residue 59.5 * 45.0 * denotes assessment of civil penalty. Units ug/L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cleveland IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Jefferson Smurfit Corporation ) PERMIT NO. NC0005061 ) FILE NO. LV 02-125 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated 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 Im 2002 ppppp". EFFLUENT �J NPDES PERMIT NO. NCOOD5061 DISCHARGE NO. 001 MONTH December YEAR 2001 FACILITY NAME Jefferson Smurfit Corporation CLASS II CobIRTY _ Cleveland OPERATOR IN RESPONSIBLE CHARGE (ORC) Kenneth R. Hughes GRAD 11 ONE (704) 481-4525 CERTIFIED LABORATORIES (1) Earth Environmental Services (2) T. Environmental CHECK BOX IF ORC HAS CHANGED Person(s) collecting Sample. Lester Dean Bridges Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES X1 DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESYbNSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT RALEIGH. NC 27699-1617 IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Tr'PRR LU H W 60600 00010 I ooaoo 60060 00310 00610 00630 31616 00300 00600 OOWS . 'ENTER PARAMETER CODE ABOVE NAMEANDUNRS BELOW w 07 p > U fro <U C o � Of a O F W �� �� Q Z a0 CO 0 FLOW W �� J W <Z ul ��O p <Z Z� O < W W C�� 0 OW m m 2 0) EO LL 0E 0 LC7 OZ >W Ox � O z Qui C'1 OWj O O QM O O rZ U Z� >M O U I- EFF X INF DAILY RATE HRS IHRS I Y/BIN I MGD I ° C I UNITS I UGIL MGIL MG/L MGlL #100ML MG/L MGIL' : • MG/L PASS/FAIL - -, 2 I I I I I 3 1 7:44 `2 'Y 4 1 7:501 2 1 Y I 1< 0.1 1 i I I j 5 1 7:501 2 1 Y I I 7-IT71 1 20:7 j< 0.5 1 26.7 j< 3.0 ')nn. 16 1 8:44 2 1 Y 1 14 1 I<0.1 1 { 1 I 1 7 9:19 :2 j Y :: 0.007 8 I 1 ( 1 9 _ :_ 10 1 11:001 2 1 Y 12 1 8:151 2 1 Y 7.0441 1 I 13 7:35 < 0.1 < 21.0" 59.5 <'3.0 14 8:15 2 Y 0.0071 15 { i 15 -. ._. :.. 16 1 18 8:50 2 Y ( < 0.1 1 _ _ < 20 7:511 2 Y 1 0.01051 10 1 < 0.1 4.7 1 < 0.5 4.0 < 3.0 22 I I 23 2425 I 1 I I I I I 26 1 8:381 2 B 172B41< 0.1 1 27 8.30 2 Y 6 4.5 5.0 < .3:D.: __ . _ .__ . :- - ,.. 28 1 9:11 2 1 Y 1 0.0071 1 1< 0.11. 29 30 1 1 1 I i 31 1 D_45 ;0 2 Y AVERAGE 0.007 11 < 0.1 10.0 1< 0.5 1 23.8 j< 3.0 ---:MAXIMUM ),007 :,15 -- 7 284 <-0.1 = :20.7 'If 05 -59.5 _3.0 MINIMUM 0.0051 6 1 6.850 < 0.1 1 4.5 j< 0.5 1 4.0 1< 3.0 1I Com .(Cl/GrabfG G '. G G G -G G G . Monthly Limit ( I 1 30 30 1 200 L)VVQ f-Orm MR-1 (01/00) Facility Status: ( Please check one of the following ) All monitoring data and sampling frequencies meet permit requirements Compliant X All monitoring data and 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. and a time table for improvements to be made. No sample dilution met the requirement of a resiidual of 1.0 mq/1 on the BOD test taken on 12/13. This does not invalidate the test. The total suspended residue was also out of limits on this date. An operator of less experience was colloctinq samples on this date. Samples were taken immediately after makinq an adiustment to the De-chlor tubes in our tablet dispenser system. This action apparently dislodged some algae growth that contaminated the sample. Subseauent tests show us well within limits. This person has received further instruction on proper procedures for sample collection. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervison in accordance with a system designed to assure that qualified pesonnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there is significant penalties for submitting false information, including possibility of fines and imprisionment for knowing violations." Denny E. Williams Permittee ( Please print or type ) Signaturdiof Permittee— gate / (Required) P. O. Box 369, Shelby, N. C. 28151-0369 (704) 481-4530 August 31, 2003 Permittee Address Phone Number Permit Exp. Date Parameter Codes 00010 Tempature 00556 Oil & Grease' 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual Ammonia Chlorine 00080 Color (Pt -Co) 00610 Nitrogen 01092 Zinc 00082 Color (ADMI) 00625. Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen' Hexavalent Total 00095 Conductivity 00630 Nitrates/ Nitrites 01032 Chromium 01147 Selenium 71880 Formaldehyde Dissolved Fecal 00300 Oxygen 01034 Chromium 31616 Coliform 71900 Mercury 00310 BOD, 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS Residue 00929 Total Sodium 01051 Lead 39516 PCBs 00545 Settable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's Web site at h2o.enr.state.nc.us/was and linking to the Unit's information, pages. Use only units designated in the reporting facilitys permit for reporting data. .•9.`t� r ir.-�. It *OR-' must visit facility and document visitation of facility as rt y Y required per 15A NCAC 8G .0204 � "r� � — �2 •r � � If signed by other than the pernittee , delegation of signatory authority must be on file with the state per 15A NCAC 2B .OSF�);( )2 (D) c.h Ur CP5 lJE 9,t3 t MY t-1��� A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0005061 During the period beginning on the effective date of the permit and lasting until expiration, the f ermittee is authorized to discharge from outfall serial number 001. Such discharges slid be limited and monitored by the Permittee as specified below: Notes: 1 Sample Locations: E - Effluent, I - Influent, U — Upstream 10 feet above the discharge point, D — Downstrearn 30 feet below the discharge. 2 ChronicToxicity (Ceriodaphnia) P/F at 11%; January, April, July, and October. See Special Conditions A (3) of the Supplement to Effluent Limitations. 3 The pl-i shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible loam in other than trace amounts. Fast Track Worksheet Case Number LV 02 I 125 ' Facility Name liefferson Smurfit Corp -Shelby Permit Number INCO005061 Previous Case Statutory Maximun $10,000 in the Last No per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor = 1.00 Exit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Percent of the Maximum Penalty 2.50 Authorized by G.S. 143-215.6A. Comments iew month = December 2001 repared by Richard Bridgeman Smurfit -Stone Container Division May 2, 2002 Attn: Mr. Rex Gleason NCDENR 919 N. Main Street Mooresville, N. C. 28115 rj Subject: Recent Discharge of Solids Laden Effluent Dear Mr. Gleason: NC 0".-EPT. OF DAMONN�MEITF MAY 0 6 2002 thri�aSi eS .�x�.{dAln SEC This letter is in response to your request for additional documentation. I think I should first bring a few pertinent facts to light about the operation of our WWTP. First, our clearator operation (which is a pretreatment process to clean solids from our ink wash-up water) accounts for approximately 1/3 of total plant effluent. This is primarily a day shift operation. We had no discharge from this operation during the potential timeframe of the solids laden discharge. Second, the bench sheet report shows the operator arrived on site at 7:25am on the day the discharge potentially began. The bench sheet shows he spent two hours on site. This two hours was broken into several visits during the day. Finally, our night shift works from 10:00pm until 6:00am. During this time our process flow is virtually nonexistent. Our plant flow during this time is domestic waste created by the ten people who are assigned to this shift. However, at your request, we have taken a much more in-depth look at the potential volume of solids laden effluent. Our major miscalculation was in the time needed pull the clear supernatant from the clarifier. First, we overestimated the volume of this clear supernatant and, secondly, we looked at only the flow rate through the plant. We failed to take into account the effects of the return pump on this time. Upon further investigation, we find that the last visit to the WWTP on the 23ra was approximately 1:00pm. Assuming the control valve vibrated fully open immediately after this visit, it would have taken approximately one hour to remove the clear supernatant from the clarifier. It would have taken an additional two hours to displace the water in the chlorine contact chamber. Taking this into account, solids laden effluent could have begun as early as 4:00pm on the 23ra After subtracting the flow from our ink wash-up water pretreatment, none of which took place during this time, we calculate our plant flow at approximately 300 gallons per hour. At this flow rate, between the hours of 4:00pm to 10:00pm on the 23ra and 6:00am to 8:00am on the 24th, (worst case scenario) we could have had 2400 gallons of solids laden effluent discharged to the stream Based on the fact that we pumped between 1500 and 2000 gallons from the clarifier before resuming flow and the total effect on our 30- Post Office Box 369 Shelby, North Carolina 28151 phone 704-482-4471 fax 704-487-4317 bhhh�� minute settleability test was negligible, we believe the actual flow to be much less. Best case scenario is that this valve vibrated open late on the evening shift and flow into the creek was limited to a hundred or so gallons. If you have further questions or comments, please, contact me at (704) 481-4525 or khuahesna.smurfit. com. Sincerely, Ken Hughes Hughes ORC Attachment: Bench Sheet for April pp - WASTE TREATMENT PLANT REPORT MONTH Aord YEAR D� a DI$. TIME OF SET. SOLIDS RES. CHLOR. RES. TIME OF OPER ARRIVAL HRS. ON ORC DATE INITIALS TIME SITE INITIALS OXY TEST (30 MIN.) (CON. CHAM.) CHLOR. TEST � 3 ors OD z 8�. -3 2.0 3 $'-S �f k � - o :.o ' 5-7, as q oo -7, zz q �l � -7, io a . (� 5 '7, $, v v ��- `7�0 4C_l 2,,4 o - /7 / I - V - / OS O ov -3 -2�7:zsZt D -7 ' 3D 100 -7;00 9- _ '700 SEMI-ANNUAL CHECKS OUTFALL 002 (APRIL & OCTOBER DATE FLOW TEMP. Ph p-p-ppp- WWTP REPORT -PAGE 2 MONTH YEAR EFFLUENT TIME OF EFFLUENT TIME OF MAINTENANCE, WASTE SLUDGE, DATE FLOW TEMP. TEST pH TEST SLUDGE JUDGE ETC... L4 u 136 A y _. CA 2%.F�- -S - o GJa SLhv� - %D I � o fe c e-11l1 qll Cilsk J/ L.J CL 5� J, K) G 5 e- 1 tiC ;DEPT. OF pppppp, Smurfit -Stone Container Division n p/ lu APR 3 Q 2002 April 25, 2002 S� Attn: Mr. Rex Gleason NCDENR / 919 N. Main Street Mooresville, N. C. 28115 Dear Mr. Gleason: n This letter is to follow-up to a verbal report made to Mr. Wes Bell on Wednesday, �9v April 24th I reported to Mr. Bell that we had experienced an incident at our WWTP (Jefferson U Smurfit Corporation -Permit #NC0005061) whereby we had had a release of treated solids into the receiving stream. Our first knowledge of this was approximately 8:00am on the 24". On our "Return Activated Sludge" system we have one valve which redirects the sludge pump from returning sludge from the bottom of the clarifier to skimming the top of the clarifier. On last use, this valve had been closed; but, it apparently was not closed tight enough to hold it in the closed position. This valve had vibrated to an open, skimming position. This skimming action pumped the clear water off the top of our clarifier and brought the sludge blanket to the level that it started washing over the weirs. V Upon learning of this, we immediately shut off the flow into the clarifier; thus, cutting V the flow of effluent. We restricted the use of water in our production facility to extend our time to remedy our problems before resuming flow through our WWTP. (Would it be advisable and permissible to install a shut-off valve at the discharge end of the effluent pipe to effect an immediate cease of flow should something of this nature ever reoccur.) At the suggestion of Mr. Bell, we used buckets and a shovel to dip what we could from the stream where the outfall discharges. We cleaned our chlorine contact chamber by pumping the contents back into the aeration basin and rinsing with tap water. We had our waste hauler come in and pump out the contents of our clarifier and dispose of this in the McAlpine Creek plant in Charlotte's waste system. After this, we reopened the valve and allowed flow back into the clarifier. By the time the clarifier had refilled, enough settling had occurred that we were able to discharge clear supernatent through the chlorine chamber, de -chlorination and into the effluent pipe. Post Office Box 369 Shelby, North Carolina 28151 phone 704-482-4471 fax 704-487-4317 -qqq� We have repositioned this "skimmer valve" to allow a more positive control on the opening and closing of this valve. We have also added this valve to a maintenance schedule to assure a periodic check to see it is functioning correctly. The valve stem seal should be compressed enough to maintain pressure against the stem and not allow it to vibrate out of position. Although we are not sure when the discharge of solids began, we estimate that somewhere between one hundred and twenty-five and four hundred gallons of solids laden effluent were discharged into the stream. If you have any questions or comments, please, contact me at (704) 482-4525 or khu esAsmurfit.com. Sincerely, Ken Hughes x� �f ,— ORC G' ` t to of North Carolina )artment of Environment, filth and Natural Resources Sion of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Ken Hughes, General Supervisor Container Corporation of America P.O. Box 369 226 Washburn Switch Road Shelby, North Carolina 28150 Dear Mr. Hughes: ATY4 C) E E,; 1pr is ?y IT, , , LTT.z NATURAL February 29, 1996 0 1996 �JEVlS Ott 7r"r i7 1! ilF? I; i?"}yy ! ['::. [ �P'T I:iou"I.t3199M 1%..id5,4fiil i G{ �isti. Subject: Permit No. NC0005061 Authorization to Construct Dechlorination Facility Addition Shipping Container Division Cleveland County A letter of request for an Authorization to Construct was received October 9, 1995 by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction and installation of the proposed dechlorination unit and all necessary appurtenances with discharge of treated wastewater into an unnamed tributary to Beaverdam Creek in the Broad River basin. This Authorization to Constrtict-is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0005061 issued March 30, 1994 and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0005061. Any sludge generated from this treatment facility must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. In the event that the facility fails to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, telephone number 704/663-6040, shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Hughes ruary 29, 1996 -2 A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Paul Clark, telephone number 919/733-5083 extension 580. cc: Sincerely, Preston Howard, Central Files 11yI R nes• : 1eil�egronaltO,ff ce,�Wate.uality Training and Certification Unit Facility Assessment Unit Jr., P.E. Ni Hughes February 29, 1996 Page 2 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Project Name Location for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor - Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director �5 A4rl* 0 110- 2J 1:3EHNF1 November 17, 1995 Mr. A. B. Moretz Moretz Engineering Consultants 104 North Dilling Street Kings Mountain, North Carolina 28086 Subject: NPDES Modification Return Permit No. NC0005061 Container Corporation Cleveland County Dear Mr. Moretz: On June 6, 1995, the Division of Environmental Management received your request on behalf of Container Corporation to relocate the discharge outfall. After a discussion between you and Mr. Jay Lucas of my staff, you indicated that you would send a map showing the proposed location. The map we received on August 18, 1995 did not show the proposed location. Again, you indicated that you would send the required map. As of this date, Mr. Lucas has left you several messages and has not received the required map. Therefore, the Division is returning the request as incomplete. The $400.00 application fee will be returned under a separate cover. If you have any questions regarding this matter, please contact Mr. Lucas at (919) 733-5083, ext. 502. cerely, 1�,'! Preston Howar VJl r., P.E. cc: Central Files Nancy wens Mr. Kenneth R. Hughes Container Corporation P. O. Box 369 Shelby, NC 28150 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department.of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 10, 1995 g4j:• x, iNATURAT�URCES FEB i 6 m15 Mr. William B. Bowman 'DIVISION OF ENVIRONMENTAL MANAGEVENT Jefferson Smurfit Corporation & Container Corporation of America, 4100HESVILLE REGIONAL OFFICE Shelby Shipping Container Plant Post Office Box 369 Shelby, North Carolina 28151 _ Subject: NPDES Stormwater. Permit - NCG050170 Jefferson Smurfit Corporation (Formerly Container Corporation of America) 662 Washburn Switch Road Shelby Cleveland County Dear Mr. Bowman: Thank you for your January 30, 1995 letter informing us of the recent name change affecting General Stormwater Permit NCG050170. A $100.00:processing fee is required for this type of modification. Please send in the name change information with a check for $100.00 made payable to N.C. Department of Environment, Health, and Natural Resources. If you have any questions please contact Steve Ulmer at 919 / 733-5083, Ext.545. Sincerely, r Coleen H. , P.E. - Super/visor, elmits and Engineering cc: Mike Parker, Lrwav Regional Office ✓ Kenneth R. Hughes - Shelby Shipping Container Plant Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Mr. Hughes February 29, 1996 Page 2 Engineer's Certification u� ;f zII S "T41 j,. UI I J. I, .Jo kh -b . D' Xov\ ,J!� as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Co"ibinel-GD ofAwier;u, NCMO6' H4` 01 I;c1 WY 1 Ske l by n!C- for the Proje t Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to .be built within substantial compliance and intent of the approv `z', ,la and s.R�cifications. ,�L�" 7 ` Signature - , � Registration No. Date `�►ST111TIIT,��, CA Rol o l�, 5046 3ti;O '£Py'rxx:s,►►►►►'►�' 060 SO& 1/1C- The Division of Environmental Management licreby 8duxnv1WSes receipt and acceptance of this Engineers Zlicati n