HomeMy WebLinkAboutNC0000272_LV-2016-0251_20161213CertiSed Mail # 7014 0510 0000 4466 4002
Return Receipt Requested
December 13. 2016
Stephen J Hutchins, General Manager
Blue Ridge Paper Products Inc
175 Main St
Canton, NC 28716
PAT MCCRORY
Gewernar
DONALD R. VAN DER VAART
ses,rtmy
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES W W Permit No. NC0000272
Blue Ridge Paper Products Inc
Canton Mill
Case No. LV-2016-0251
Haywood County
Dear Permittee:
S; SAY ZIMMERMAN
DrKwr
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty +
$116.62 enforcement costs) against Blue Ridge Paper Products Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Blue Ridge Paper Products Inc for the month of May 2016. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No. NC0000272. The
violations, which occurred in May 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Blue Ridge Paper Products Inc violated the terms,
conditions or requirements of NPDES W W Permit No. NC0000272 and G.S. 143-215.1(ax6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215. 1 (a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Blue Ridge
Paper Products Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
928-296-4500
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00000272, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$250.00 TOTAL CPAL PENALTY
116.62 Enforcement Costs
366.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should -be made directly to the order of the Department of Environmental Quality (do not include waiver
form). 'Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention o£
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are, in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request.'
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150E-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the, Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919) 733-2698
Fax: (919) 733-3478
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an 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 you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at (828) 2964667 or via email at janet.cantwell@ncdenr.gov.
Sincerely,
G. Landon Davidson, .G., �onauisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
c�wa�w�ar..00fiw,uew:m��i��m�,,��mnnek a�a�e,unn+�e:mi<.u�si nr
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0251 County: Haywood
Assessed Party: Blue Ridge Paper Products Inc
Permit No:: NC0000272 Amount Assessed: $366.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director .to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Blue Ridge Paper Products Inc )
Canton Mill 1
PERMIT NO. NC0000272 ) CASE NO. LV-2016-0251
Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 13, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE
ATTACHMENT A
Blue Ridge Paper Products Inc
CASE NUMBER: LV-2016-0251
PERMIT: NC0000272
FACILITY: Canton Mill
LIMIT VIOLATION(S)
REGION: Asheville
COUNTY: Haywood
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated .% Over Violation
Penalty -
Date MonthlYr
Parameter Frequency
Measure Value I Value Limit Type
Amount
5/27/2016 5-2016
Coliform, Fecal MF, Weekly
#/100ml 400 2420 505.0 Daily Maximum
$250.00
MFC Broth,44.5 C
Exceeded
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Blue Ridge Pacer Products Inc
Facility Name: Canton Mill
Permit Number: NC0000272
County: Haywood
Case Number: LV-2016-0251
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;
All effluent violations may be detrimental to the receiving stream but may not he immediately quantified.
2) The duration and gravity of the violation;
One Daily Max Fecal Coliform exceeded the permit limit by 505%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
6) Whether the violation was committed willfully or intentionally;
It does not appear to he either.
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 have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Division of waver Heaocrc"
Check Box if ORC Has Ch
Mail URIG'L + 1 COPY to'.
Attm, Central Files
Div. of Environmental Mgt.
DEHNR
P.O. Box 29535
Raleigh, NC 27626 0535
1fil f
JUL 09 "716
Effluent
31 ClMonth: Ma Year: 2016
ass: IV Count: Haywood
Grade: IV I Phone 828-646-2874
'ace #40,#12, 3 Environmental Testing Solutions #37
s) Collectina Samoles: Operators on Dutv
WIG
(Signature of Operator in Responsible Charge) Date JUL 12 2015
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE
TO THE BEST OF... MY,}CNOwLEDGE. P--�
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# 1Mmi
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27.380
33.7 '
7.2
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25.830
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26,640
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26 520
34.3
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0 10
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26.370
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1979
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25.860
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87
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25.99
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26160
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26.720
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27.190
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8 8
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34.8
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-3898
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-
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3.205
12.549
200
6,0
9 /s//� /✓0V ��/G-,C�/-D�z`f />�/b� 4V' zotl O- ��
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit monitoring requirements.
All monitoring data and sampling frequencies do NOT meet permit monitoring requirements.
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.
Fecal coliform sample for 5127/16 was above the daily maximum value. The W WTP plant systems and Town chlorination system were
0
Compliant
0
Noncompliant
checked for deficiencies. None were found and the treatment system was operating as designed. All sampling and laboratory procedures
were also investigated with no findings. Theregional office of NCDWEQ was contacted within 24 hours of receiving the laboratory results.
Additional process testing began the following the results. Outside resources with the National Council for Air and Stream Improvement
(NCASI) assisted with other suggestions for sampling. We continue to collect data and share information with NCDEQ to determine cause..
°I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, We, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.'
Dane Griswold
Permittee(Plea printortype) /
l� v
Signature Date
P.O. Box C-10 Canton, NC 28716 828=646-2840
Parameter Codes
00010
Temperature
00556
Oil & Grease
00951
Total Fluoride
01067
Nickel
50060 Total
00076
Turbidity
00600
Total Nitrogen
01002
Total Arsenic
01077
Silver
Residual
00080
Color (Pl-Co)
00610
Ammonia Nitrogen
01092
Zinc
Chlorine
00082
Color (ADMI)
00625
Total Kjeldahl
01027
Cadmium
01105
Aluminum
00095
Conductivity
Nitrogen
01147
Total Selenium
71880 Formaldehyde
00300
Dissolved Oxygen
00630
Nitrates"! tea
01032
Hexavalent Chromium
31614
Fecal Coliform
71900 Mercury
00310
BODS
01034
Chromium
32730
Total Phenolics
81551 Xylene
00340
COD
00665
Total Phosphorus
34235
Benzene
00400
pH
00720
Cyanide
01037
Total Cobalt
34481
Toluene
00500
Total Solids
00745
Total Sulfide
01042
Copper
38260
MBAs
00530
Tot Suspended
00927
Total Magnesium
39516
PCBs
Residue
00929
Total Sodium
01045
Total Iron
50050
Flow
00545
Settleable Matter
00940
Total Chloride
01051
Lead
Parameter Code assistance may obtained
by calling
the Water Quality Compliance
Group at (919) 7335083, extension 581
or 534.
The monthly average for feral coliform is to be reported as a GEOMETRIC mean. 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 8A.0202 (b) (5) (B).
-If signed by other than the permittee, delegation of signatory authority must be on file with the State per 15A NCAC 213.0506 (b).
...WaterResources,r ,
I �NVIR017,NEN/1GI.x0UALI._
Certified Mail # 7014 0510 0000 4466 4002
Return Receipt Requested
December 13, 2016
tGdceiwt
DQ13AL13 R tCrAN'DER,V<,A'�'ltfi,
Stephen J Hutchins, General Manager
Blue Ridge Paper Products Inc
175 Main St
Canton, NC 28716
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES W W Permit No. NC0000272
Blue Ridge Paper Products Inc
Canton Mill
Case No. LV-2016-0251
Haywood County
Dear Permittee:
�Sf',7"AY ZIIvTA�ER3viAN;
Yeif4i
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty +
$116.62 enforcement costs) against Blue Ridge Paper Products inc
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Blue Ridge Paper Products Inc for the month of May 2016. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No. NC0000272. The
violations, which occurred in May 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Blue Ridge Paper Products Inc violated the terms,
conditions or requirements of NPDES W W Permit No. NC0000272 and G.S. 143-215. 1 (a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Blue Ridge
Paper Products Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-2964500
$250.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0000272, by discharging wastewater
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$250.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
366.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should -be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
V
on2: Submit a written request for remission or mitigation including a detailed justification for such
est:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the -option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
IN
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919) 733-2698
Fax: (919)733-3478
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an 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 you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G\W'R\WQUIa}uoodlWastmateNndturcml\Niue Mdyo I;apot 00272u.V-201I 02SI of
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0251 County: Haywood
Assessed Party: Blue Ridge Paper Products Inc
Permit No.: NC0000272
Amount Assessed: $366.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe, support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le., 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:
11 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Blue Ridge Paper Products Inc )
Canton Mill 1
PERMIT NO. NC0000272 ) CASE NO. LV-2016-0251
Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 13, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
ATTACHMENT A
Blue Ridge Paper Products Inc
CASE.NUMBER: LV-2016-0251
PERMIT: NC0000272
REGION:
Asheville
FACILITY: Canton Mill
COUNTY:
Haywood
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over
Violation Penalty
Date Month/Yr Parameter Frequency
Measure Value Value Limit
Type Amount
5/27/2016 5-2016 Colifonn, Fecal MF, Weekly
#/100ml 400 2420 506.0.
Daily Maximum $250.00
MFC Broth, 44.5 C
-
Exceeded
RECEIVED
Division of Water Resources
Check Box if ORC Has Ch
Mall ORIG'L+1 COPY to:
Aft Central Files
Div. of Environmental Mgt
DEHNR
P.O. Box 29535
Ralelah. NC 27626-0535
JUL 08 ' 16
CENTRAL F _ES
DWR SECT CIN
Effluent
on
C
(Signature of Operator in Responsible Charge) Date ' JUL 12 2016
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE
TO THE BEST Of MY.HNOWLEDGE.
50050
00010
00400
00310
00610
00530 j
31616
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HRS
Y/N
MGD
'C
Std Units
lb./day
mg/L
lb./day
#/1DOml
mg/L
mg/L
_1'=.
_0700
-*24,.6
N
,27380
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25.830
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1200
0.10
1939
8.8
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27.550.
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f 24
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29.310
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33 2. ,.
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_. 010
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29.210
32.5
7.3
1238
0.10
3898
8.5
16
0700
24
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1 30.230
30.9
1 7.2
' 759
0.10
3278
8.6
18 1
0700
24
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28.330
33.9
7.4
756
0.10
1890
8.6
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7,9.
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20
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28.020
31.2
7.3
1332
0.10
3272
9.7
+07001
=`24>
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'27,6307
29 0
e 7 5
..1.t.
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_ ?O 10 _
723A4. ,
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~ N 2 _
._
22
0700
24
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26.620
32.6
7.1
1337
0.10
2220
8.8
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24 1
Y
26.280 1
33.0
7.51
1
668
0.19
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8.6
26
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24
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26.520
34.3
7.2
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0.10
1769
9.9
:27
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;24,,
'.
, 26;370:;
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e 7 3
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'1 30
_ 1979_:
' 2420?
r• n$ 6 _
v
28
0700
24
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25.860
32.7
7.6
1087
1.60
1941
8.7
29
0700
z247
aN:'?
t25.9.9>:
2
zv,7 4
R?. x
1
V1004�
a ? , t,:?
" i.
xy . .5
n
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24
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26.160
34.1
7.0
0.96
2618
8.4
3;1i
.c0700
_"
; ' Y
; 26 720<
U33 Zw;
Y,� 7 2
f
9J°,_
fi
. t01.0 "
C33Z
"Ar
Average
27.190
32.4
1043
0.27 1
2154
40
8.8
1.10
Ma amnrr; °
0 230-
_ 4 8a_
9
^^ _
21-420^°1
Minimum
25.830
26.3
7.0 1
1
533 1
< 0.10 1
450
3
8.1
1.10
G.ori1 . C 1Gra6_ _G s4>.
, : sy
'` . G t ,
_s
C a
r
c, rG,
G
Monthly Limit
29.9
6-9
3,205
12,549
200
6.0
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit monitoring requirements.
All monitoring data and sampling frequencies do NOT meet permit monitoring requirements.
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.
Fecal coliform sample for 5/27116 was above the daily maximum value. The WWiP plant systems and Town chlorination system were
Compliant
0
Noncompliant
checked for deficiencies. None were found and the treatment system was operating as designed. Al sampling and laboratory procedures
were also investigated with no findings. The regional office of NCDWEQ was contacted within 24 hours of receiving the laboratory results.
Additional process testing began the following the results. Outside resources with the National Council for"Air and Stream Improvement
(NCASI) assisted with other suggestions for sampling. We continue to collect data and share information with NCDEQ to determine cause..
°I cerfily, under penalty of law, that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel property 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, the information submitted is, to the best of my knowledge and belief, We, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
Dane Griswol
Permittee (Plea, AApri''nt--or type)
f/� v
Signature o(P idee" Dale
P.O. Box C-10 Canton, NC 28716 828-646-2840
Parameter Codes
00010
Temperature
00556
Oil 8 Grease
00951
Total Fluoride
01067 Nickel
50060
Total
00076
Turbidity
00600
Total Nitrogen
01002
Total Arsenic
01077 Silver
Residual
60080
Color (Pt -Co)
00610
Ammonia Nitrogen
01092 Zinc
Chlorine
00082
Color(ADMI)
00625
Total I§eldahl
01027
Cadmium
01105 Aluminum
00095
Conductivity
Nitrogen
01147 Total Selenium
71880
Formaldehyde
00300
Dissolved Oxygen
00630
Nitrates/Nitrites
01032
Hexavalent Chromium
31614 Fecal Cofiform
71900
Mercury
00310
BOD5
01034
Chromium
32730 Total Phenolics
81551
Xylene
00340
COD
00665
Total Phosphorus
34235 Benzene
00400
pH
00720
Cyanide
01037
Total Cobalt
34481 Toluene
00500
Total Solids
00745
Total Sulfide
01042
Copper
38260 MBAs
00530
Tot Suspended
00927
Total Magnesium
39516 PCBs
Residue
00929
Total Sodium
01045
Total Iron
50050 Flow
00545
Settleable Matter
00940
Total Chloride
01051
Lead
Parameter Code assistance may obtained by calling the Water Quality
Compliance
Group at (919) 7335083, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated In the reporting
fadfilys permit for reporting data. ,
ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
*If signed by other than the penalties, delegation of signatory authority must be on file with the State per 15A NCAC 2B.0506 (b).
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
rViolator.Blue Ridge Paper Products Inc
Facility Name: Canton Mill
Permit Number: NC0000272
County: Haywood'
Case Number: LV-2016-0251
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;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max Fecal Coliform exceeded the permit limit by 505%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Complete items 1, 2, end 3.
1 Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Stephen J. HutchMs, General Ma er
Blue Ridge Paper Products, In
175 Main Street
Canton, NC 23716
9590 9402 1846 6104 5569 30
hem 17
If YES, inter delivery address
` 14 ct y I
n
❑ Agent
3. Service Type
❑ Priority Mall Express®
❑ Adult Signature
❑ Registered Mallr-
❑ ul(Signature Restricted Delivery
❑ Registered Mall Restrict
Certified Mail®
livery
ed Mall Restricted Delivery
Return Receipt far
❑ Collect m Delivery
hantlise
❑ Collect on Delivery Restdcted Delivery ❑ Signature Confirmation'
-"Mail ❑ signature Confirmation
7014 0510 ODOO 4466 4002 Aa1 Restricted Delivery Restricted Delivery
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United States • Sender. Please print your name, address, and ZIP+q®in this box•
Postal Service
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