NC0006190_LV-2021-0058_20210304

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
Certified 1'VI'ail # 7019 1120 0€I 0 8 61 1831
Return Receipt Requested
Everette Owens
South Fork industries Inc
PO Box 742
Maiden, NC 28650-0742
NORTH CAROLINA
Environmental Quality
March 4, 2021.
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 WW Permit No, NC0006190
South Fork lnd'ustries Inc
South Fork Industries - Maiden Plant
Case No. LV-2021-0058
Catawba County
Dear Mr. Owens:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $I,868.04 ($1,750,00 civil.
penalty $1 18,04 enforcement costs) against South Fork Industries Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(MAR) submitted by South Fork Industries _Inc for the month of December 2020. This review has shown the subject
facility to be in violation of the discharge limitations andfor monitoring requirements found in N.PDES WW Permit No,
NC0006190. The violations, which occurred in December 2020„ are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that. South Fork lndustrie Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0006190 and G.S. 143-215. i(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6.A(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).
Moo reSr:stRe oca 0tfi
34-663-1699
Que.,t Arsuce of Water Resources
Poefue,Sul* O1 t Moreso=`.,Norte :.arZtle 261,1.5

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, 1, W. Corey
Basinger,. Regional Supervisor, .Mooresville Regional Office hereby make the following civil penalty assessment against
South Fork 'Industries :Inc:
$250.00 1 of 1 violations of G.S. 1.43-215.1 (a)(6) and Permit No. NC0006190, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg, C)
- Quantity Daily
$0.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0006190, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Oxygen Demand, Chem.
(High Level) ( COD)
$500.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0006190, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Solids, Total Suspended
Quanpty Daily
$750.00
7.00
$118.04
$1,868.04
1 of I violations of G.S. 143-215. (a)(6), and Pen -nit No. NC0006190, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Oxygen Demand,
Chem.(High Level) (COD)
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 14 -215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law andthe 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 quahty 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 ofthe 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 ofthe 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
lbrnif. Payment (Attie 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
Option 2: Submit a wrilten request for remission or mitigation including a detailed justification for such
request:
Please he 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 iss es 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 he 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 wrongfufly
applied to the detriment ofthe 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 remainincA. 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 ofthe 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.

rr
In order to request remission, you must complete and submit the enclosed -Request for Remission of Civil Penalties,
Waiver o Ri o an Administrative Hea 'n and Sti ulation of Facts" form withinthi3Odasofreceit0fthi
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
earin
It 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 anached file (with. restrictions) - provided
the signed original, one (1) copy and a filing fee (if a :filing fee is required by NCGS g150B-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
6714. Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows;
IVIL William F. Lane. General Counsel
Department of .Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 276.99-1601
Please indicate the case number (as found on page one of this letter) on the petition.
bllo
vs:
Failure to exercise one of the options above within thirty (30) days of receipt ofthis 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.

lfyou have any questions, please contact Wes Bell mvith;the Division f 'aterRes urues staff the
Office at CAM) 235-2192 r via email at wesibellanrdettri ov
'l`"p . `H 'TS
u: WQS Moot
NPDES
Sine
for
W, Corey Basinger, Regional SuSuperscar
Water Quality Regional Operations Section
Mooresville ille e ar nal Office
Division of Water Resources, NCDEQ
Regional Office - Enforcement File(Liaserfiche)
ei' nforeetnent lin.it -Enforcement File iL serfkkhe
car'
Regional

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-202 1-0058
South Fork Industries inc
NC00061.90
County: Catawba
Amount Assessed: $1,868.04
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 factuai
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(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.GS,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 ,e,, explain the
steps that you took to correct the violation and prevent future occurre.nces);
(c) the violation was inadvertent or a result of an accident explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civii penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions Le., explain
how payment of the civil penalty will prevent you from perfiirming the activities necessary to achieve
compliance),
EXPLANATION:

.STATTTOFNORTH AROi INA 'DEBAR' t M1 N i 01 ENVIRONMENTA
COUNTY OF CAT. WB :
IN "11* \IA 111 R OF ASS SS II I T
OF CIVIL PFINAT TIES AGAINST
South Fork Industries Inc
South Fork Industries w i ai 4
PERMIT NO, N0006
0
Pia
WAIVER OF CIIT TO AN
ADMINISTRATEVE HEARt G AND
STIPULATION OF Cn"TS
CASE NO, LV-2O2
QUA ITY
Ha x ng been assessed ,iw°il penalties ttata lrt 1 868R4 for s atitards) as set 'forth in the assess! aen : docttnacut of
Division of Water Resources dated March 4, 2021, the undersigned, desiring to seek remission of the civil penalty,
hereby wsaiwae the right to an administrative hearing in the above -stated matter and does stipulate that the facts are its
alle ed in the assessment document. The undersigned furthr Gtatd rstands that all evidence c presented in support of
mission of this civil penalty roust be submitted to the Director ofthe Division of Water Resources within thirty (30) dams
of receipt of the notice of assessment. No new evidence in support of a remission red will he allowed after (a0) days
front the receipt of the notice of Assess'aaerata
This the
day o
ADI
I l'C;RE
'!"PI,I PIIONE

PER1Tm NC0006190
FACILITY: South Fork Indust
ATTACHMENT
South Fork Industries Inc
CASE NUMBER: L -2O 1-0050
iden Plant
IT VIOLATION(S)
SAMPLE LOCATION: Outten 001 Effluent,
Violation Report
Date nth/Yr Para
12/3012020 12-2020
12 2020
OD, 5-Day (20 Deg
tuantity Daily
12-2020 Oxygen Demand,
Chem. (High Level)
(DOD),
12,d 1 20 1 -20 0 Oxygen Demand,
Chem. (High Lever
(DOD)
12/2/2020 12-2020 Solids.. Total
Suspended Quanta'
Daily
12,r3 ,2020 12-2Q20 Solids, Total
Suspended - Quantity
Daily
REGION: vine
COUNTY : at wba
Utah f
Frequency asure
3 X week Ibsldy
Calea
lue 'altt
310
354,81
14.5
Violation
Type
Daily
Maximum
Exceeded
Weekly Ebs&day 3726 4, 3a98 20,5 Daily Maximrn
Exceeded
Weekly
Ibsaday 1860 2,223,39
Penalty
Amount
$250.00
Monthly
Average
Exceeded
250,00
7 00
3 X iamek ibs "day 13 a1.60 t.474, 5 9.1 Daily
Maximum
Exceeded
X week Ibslday
60
34.4
Daily
Maximum
Exceeded
00
250, 00'

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: South Fork Industries Inc
Facility Name: South Fork Industries - Maiden P
Permit Number: NC0006190
County: Catawba
Case Number; LV-2021-0058
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;
None documented; however, the discharge of treated wastewater in excess of permit limits has the potential to advers
impact natural resources,
2) The duration and gravity of the violation;
As documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality;
None documented; however, the discharge of treated wastewater in excess of permit limits has the potential to adversely
impact surface water quality.
4) The cost of rectifying the damage;
Unknown,
5) The amount of money saved by noncompliance.;
Unknown,
6) Whether the violation was committed willfully or intentionally;
Not suspected to he willful or 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
NOV-2018-MV-0053 — Failure to monitor according to Permit (12 parameters) Novetnber 2017;
NOV-20.18-.MV-0074 -- Failure to monitor according to Permit (17 parameters) — December 2017;
Ar0 V-2018-LV-0389 BOD (OMB tt I), COD & TSS (DMV — January 2018;
NOV-.2018-1X-00.10 — Chronic 'aridly/allure — March 2018;
NOV-201.9-MV-0001 — Failure tomonitor according to .Permit (2 parameters) — November 2018;
NOV-201.9-MV-0035 — Failure to monitor according to Permit (5 parameters.) — December 2018;
NOV-2019-PC-0307 — Failure to pay annuaLfeelar 11/1/2018 — 0/31/2019 billing period;
NOV-2019-Lb7-0250 — COD (MAI) — February, 2019;
NOV-2019-LV-0325 — COD (MA V) — March 2019,
NOV-2020-L 1"--01 73 — COD (MAI) — Jeirtuary 2020;
R.1V-2020-LV-0396 — COD (AM — March 2020;
.,A10V-20.20-MV-0124 — Failure to monitor according to Permit (1 paratneter)— June 2020;
NOV-2021-TX-0006 — Chronic toxicitylailure — December 2020;
8) The cost to the State ofthe enforcement procedures.
$118.04

W. Corey Basinger, Regional Sopaerisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ