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HomeMy WebLinkAboutNC0000272_Historic Chronology 6/84-10/89_20210215 CHRONOLOGY CHAMPION INTERNATIONAL CANTON, NORTH CAROLING June 25, 1984 EMC Public Meeting for Champion' s Temperature Variance October, 1984 Temperature variance issued by EMC not to exceed temperature increase at Fiberville Bridge ( .4 miles downstream of discharge) ofo13 . 9 degrees Centigrade . Maximum temperature of 29 degrees Centigrade October thru June and 32 degrees Centigrade July thru September May 14, 1985 North Carolina issued NPDES Permit Number NC0000272 to Champion International, Canton Mill . November 13 , 1985 - EPA assumes control of Champion' s NPDES Permit after determining that it (EPA) did not have sufficient time (90 days) to review the permit prior to N. C. issuance and in response to color concerns of downstream residents in Tennessee. January 17, 1986 - Champion challenged EPA' s claim of authority over the permit process in US District court. March 24, 1986 - North Carolina filed court action to block EPA action. March 26, 1986 - Champion asks for temporary restraining order to block EPA action until existing suit is settled. March 31, 1986 - US District Court Judge Sentelle denies Champion request for temporary restraining order. . April 11, 1986 - Champion requests NPDES Permit from EPA. May 2, 1986 - Motion by EPA to dismiss Champion suit denied. Page 2 December 1, 1986 - US District Court Judge Sentelle ruled that EPA had jurisdiction to assume authority over Champion' s NPDES Permit . March 4, 1987 - Champion appeal of Sentelle ruling. April 9, 1987 - First EPA Draft (public notice) of Champion NPDES Permit with 50 unit color limit applicable to Champion immediately downstream of discharge at Fiberville Bridge. May 22, 1987 - Second EPA public notice for permit issuance. January 14, 1988 - First Public Hearing in Asheville Civic Center for NPDES Permit issuance. January 21, 1988 - First Public Hearing in Knoxville, Tennessee Civic Center. March 9, 1988 - Tennessee, North Carolina, Champion, and EPA agree on change in proposed permit from 50 Apparent Color units at NC/TN state line (proposed as applicable at the Fiberville Bridge immediately downstream of the Champion Mill) to 85 True Color Units at the State line. North Carolina and Tennessee to grant variance from color stream standard to allow permit issuance. May 5, 1988 - Champion formally requests water quality color standard variance from EMC NPDES subcommittee at public hearing in Raleigh. June 24, 1988 - Champion appeal of Sentelle decision denied by three judge panel of 4th US Circuit Court of Appeals - verifying EPA authority over Champion' s NPDES permit . Ron Levine, Director, Division of Health Services, NC Dept. of Human Resources issued advisory against eating fish from Pigeon River as per studies showing a presence of dioxin in fish and Page 3 sediment downstream of the mill; albeit not in Champion' s effluent . Dioxin not regulated to date in the proposed NPDES Permit . July 13, 1988 - EMC issues water quality variance from North Carolina color standard allowing NPDES Permit for 85 True Color Units to be placed in proposed NPDES Permit . August 18-19, 1988- Tennessee color variance hearing in Newport, Tennessee. December 23 , 1988 - Tennessee denies Champion' s color variance request from standard, preventing agreement reached 3/9/88 from being formally enacted. March 15, 1989 - EPA Issued a draft Discharge Permit for a reconfigured Canton Mill, allowing it to operate during reconfiguration. July 12, 1989 - Second draft NPDES Permit (public notice) for Champion with color limit consistent with EMC variance and Tennessee limit of 50 units at State Line. Permit also including additional requirement for chloroform and dioxin. Permit provided for reduction in flow from 48 . 5 MGD to 29 MGD and three (3) year schedule for compliance (down from 5 year schedule in initial draft) . August 17, 1989 - Newport, Tennessee public hearing on EPA NPDES Draft Permit. August 24, 1989 - Asheville public hearing on permit . September 8, 1989 - DEM issues Section 401 Water Quality Certification for proposed Champion Permit. September 25, 1989- Champion NPDES Permit issued by EPA. r Page 4 October 14, 1989 - Permit appealed first by Environmental groups and then by Champion. EPA administrative law judge grants hearing. Hearing to be scheduled. March 27, 1990 - Champion announces implementation of modernization project despite pending legal issues . Estimated cost of project is $250 million. 1990 - 1991 - Legal issues continue to be fought before EPA Administrative Law Judge. Champion continues modernization project . April, 1991 - EPA Administrative Hearing held in Atlanta, Georgia. Early 1992 - Administrative Law Judge issues final decision essentially leaving permit as is . No appeal requested. CHRONOLOGY' CHAMPION INTERNATIONAL NPDES PERMIT CANTON, NORTH CAROLINA May 14, 1985 North Carolina issued NPDES Permit Number NC0000272 to Champion International, Canton Mill . November 13, 1985 - EPA assumes control of Champion' s NPDES Permit after: determining that it (EPA) dick not have sufficient time (90 days) to review the permit prior to N. C. issuance and in response to color concerns of downstream residents in Tennessee. January 17, 1986 - Champion challenged EPA' s claim of authority over the permit process in US District court. March 24, 1986 - North Carolina filed court action to block EPA action. March 26, 1986 - Champion asks for temporary restraining order to block EPA action until existing suit is settled. March 31, 1986 - US District Court Judge Sentelle denies Champion request for temporary restraining order. April 11, 1986 - Champion requests NPDES Permit from EPA. May 2 , 1986 - Motion by EPA to dismiss Champion suit denied. December 1, 1986 - US District Court Judge Sentelle ruled that EPA had jurisdiction to assume authority over Champion' s NPDES Permit. March 4, 1987 - Champion appeal of. Sentelle ruling. April 9, 1987 - First EPA Draft (public notice) of Champion NPDES Permit with 50 unit color limit applicable to Champion immediately downstream of` discharge at Fiberville Bridge. May 22 , 1987 - Second EPA public notice for permit issuance. January 14, 1.988 - First Public: Hearing in Asheville Civic Center- for NPDES Permit issuance. January 21 , 1988 - First Public Hearing in Knoxville, Tennessee Civic Center. Page 2 March 9, 1988 - Tennessee, North Carolina, Champion, and EPA agree on change in proposed permit from 50 Apparent Color units at NC/TN state line (proposed as applicable at the Fiberville Bridge immediately downstream of the Champion Mill) to 85 True Color Units at the State line. North Carolina and Tennessee to grant variance from color stream standard to allow permit issuance. May 5, 1988 - Champion formally requests water quality color standard variance from EMC NPDES subcommittee at public hearing in Raleigh. June 24, 1988 - Champion appeal of Sentelle decision denied by three judge panel of 4th US Circuit Court of Appeals - verifying EPA authority over Champion' s NPDES permit. Ron Levine, Director, Division of Health Services, NC Dept. of Human Resources issued advisory against eating fish i:rom Pigeon River as per studies showing a presence of dioxin in fish and sediment downstream of the mill; albeit not in Champion' s effluent. Dioxin not regulated to date in the proposed NPDES Permit. July 13, 1988 - EMC issues water quality variance from North Carolina color standard allowing NPDES Permit for 85 True Color Units to be placed in proposed NPDES Permit. August 18-19, 1988- Tennessee color variance hearing in Newport, Tennessee. December 23 , 1988 - Tennessee denies Champion' s color variance request from standard, preventing agreement reached 3/9/88 from being formally enacted. July 12, 1989 - Second draft NPDES Permit (public notice) for Champion with color limit consistent with EMC variance and Tennessee limit of 50 units at State Line. Permit also including additional requirement for chloroform and dioxin. Permit provided for reduction in flow from 48. 5 MGD to 29 MGD and three (3 ) year schedule for compliance (down from 5 year schedule in initial draft) . Page 3 August 17, 1989 - Newport, Tennessee public hearing on EPA NPDES Draft Permit. August 24, 1989 - Asheville public hearing on permit. September 8, 1989 - DEM issues Section 401 Water Quality Certification for proposed Champion Permit. October 24, 1989 - Champion NPDES Permit issued by EPA. Late 1989 Permit appealed first by Environmental groups and then by Champion. EPA administrative law judge grants hearing. Hearing to be scheduled.