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.