The URL can be used to link to this page

Home My WebLink AboutNC0005274_Compliance_20040715NPDES DOCUHENT SCANNIN`: COVER SHEET NC0005274 NPDES Permit: Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Speculative Limits Compliance Instream Assessment (67B) Environmental Assessment (EA) Permit History Document Date: July 15, 2004 This document is pri=ited on. reuse paper - ignore aszy content oa the reYerse side /iIiiVi' NC NO i u•• STATE OF N RTH CAROLINA tl ; L 0 IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY O MECKLENBUR.G-� 02 EHR 0869 IJUL 15 All: 33 Yorkshire �mencas Inc �, i :� S T R ,,� i (�� r Petitioner, HE f\_ R! z S) v. ) u: r i� .u. . The Division of Water Quality of the ) NOTICE OF VOLUNTARY Department of Environment and Natural ) DISNIISSAL WITH PREJUDICE Resources, as Delegate of the Environmental ) Commission, ) Respondent. ) PursuTnt to Rule 41(a)(1) of the North Carolina Rules of Civil Procedure, Petitioner Yorkshire Americas, Inc., hereby gives notice of voluntary dismissal with prejudice of its petition for contested case hearing in the above -entitled matter against Respondents North Carolina Department of Environment and Natural Resources and its Division of Water Quality. Respectfully submitted this 15th day of July, 2004 41.1111, MUM r 0 1 E 11 JUL 2 1 2004 DENR - WATER QUALITY POINT SOURCE BRANCH HUNTON & WILLIAMS, LLP ,71- Craig A.(Bromby NC Bar # 6526 Post Office Box 109 One Hannover Square Suite 1400 Raleigh, NC 27602 Attorney for Yorkshire Americas, Inc. CERTIFICATE OF SERVICE This is to certify that I caused a copy of the foregoing NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE to be served by depositing -a copy of the same in the United States mail, first class, postage prepaid and addressed as follows: Donald W. Laton Assistant Attorney General N.C. Department of Justice 114 West Edenton Street P.O. Box 629 Raleigh, NC 27602-0629 Attorney for Respondent This the 15th day of July, 2004. A1C00Q.97:7\i/ ROY COOPER ATTORNEY GENERAL Craig A. Broy, Esquire Hunton & Williams LLP Post Office Box 109 Raleigh, North Carolina 27602 Dear Craig: State of North Carolina Department of Justice P. O. BOX 629 - RALEIGH 27602-0629 July 14, 2004 Re: NPDES Permit NC 0005274 Yorkshire Americas WWTP Rutherford County OAH Contested Case No. 02 EHR 0869 Reply to: Donald W. Laton Environmental Division Tel: 919-716-6963 Fax: 919-716-6766 lL PeesT."" �Lr • fE O Rfil JUL 19 2004 DENR - WATER QUALITY POINT SOURCE BRANCH As you recall, DENR's transmittal letter accompanying the above -referenced permit contained a s incorrect. ement concerning the effective date of the permit which you described as technically The p • ose of this letter is to confirm that your understanding of the effective date of the permit as state + in your letter of June 18, 2004 to Alan Klimek is accurate. Please be advised that DENR does n ' t disagree with your statement that "the 2002 permit did not, and has never, become effective beca se the existing permit (issued in 1995) did not expire, pursuant to N.C. Gen. Stat. §150B-3." DFNR agrees that as of July 1, 2004 the terms of the 2004 permit will be in effect. I hope is letter addresses your concerns. I understand that you will withdraw Yorkshire's contested case petition and file a Motion to Dismiss with Prejudice in this matter on or before July 31, 2004. Thank you for your time and consideration in this regard. cc: Alan Klimek David Goodrich Sincerely, DonaldW. Laton Assistant Attorney Genera 1:\Floor3\DATA\WP\EPNDLaton\Yorkshire\BrombyLtr7-13.wpd i LAN HUNTON "WILLIAMS June 18, 2004 I1�� an W. Klimek, P.E. irector, Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDS Permit NC0005274 Dear Mr. Klimek: HUNTON & WILLIAMS LLP POST OFFICE BOX 109 RALEIGH, NORTH CAROLINA 27602 TEL 919.899 •3000 FAX 919.833 •6352 CRAIG A. BROMBY DIRECT DIAL: 919-899-3032 EMAIL: cbromby@hunton.com FILE NO: 57042.000003 I received my copy of the above -referenced permit on June 17, 2004. With reference to your transmittal letter of June 8, 2004, I would like to offer the following clarification. You state in the first paragraph that "permittee subsequently agreed to withdraw their petition and accept the 2002 permit as is, provided it is reissued for a full five-year term." In fact, Yorkshire Americas, Inc., did not "accept" the 2002 permit. For a number of business reasons, it plans to resolve the contested case by withdrawing its petition for contested case upon the reissuance and effective date of NPDES Permit No. NC0005274. That effective date is July 1, 2004. The contested case challenging the 2002 permit was timely filed. Therefore the 2002 permit did not, and has never, become effective because the existing permit (issued in 1995) did not expire, pursuant to N.C. Gen. Stat. § 150B-3. Since the Division has now issued a renewal permit set to become effective on July 1, 2004, the 2002 permit will not become effective at any time, provided the contested case is not resolved prior to July 1. Thus, until the earlier of July 1, 2004, or the date on which the contested case is resolved, the permit terms which are in effect under NPDES Permit No. NC0005274 are those contained in the existing permit, which became effective on July 1, 1995. It is Yorkshire's intention to withdraw its petition for contested case on or after July 1, 2004, resolving the contested case. As of July 1, the terms of the 2004 permit will be in effect. Yorkshire appreciates the willingness of the NPDES Permits Unit, particularly Tom Belnick and David Goodrich, to work with us during this process, and their patience and professionalism in seeing the process through to conclusion. ATLANTA AUSTIN BANGKOK BRUSSELS CHARLOTTE DALLAS HONG KONG KNOXVILLE LONDON MCLEAN MI.AMI NEWYORK NORFOLK RALEIGH RICHMOND SINGAPORE W.ASHINGTON www.hunton.com HuNToN WIIIIAMS Alan W. Klimek, P.E. June 18, 2004 Page 2 Sincerely yours, Craig A. Bromby CAB:kmj cc: Rodney H. Lang David A. Goodrich Tom Belnick Donald W. Laton, Esquire ATLANTA AUSTIN BANGKOK BRUSSELS CHARLOTTE DALLAS HONG KONG KNOXVILLE LONDON McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SINGAPORE WASHINGTON www.hunton.com