NC0000272_NOV-2021-FK-0002 and NOV-2021-SS-0022_20220407

DocuSign Envelope ID: FFD05528-78F1-42FD-9140-7ECB6D4A4D38
ROY COOPER
Governor
ELIZABETH S. BISER
Secret❑ry
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NORTH CAROLINA
Environmental Quality
April 7, 2022
Manager
BLUE RIDGE HOLDING LLC
5350 Poplar Ave, Suite 600
Memphis TN 38119
Return Receipt # 7021 2720 0000 1259 4156
John McCarthy, General Manager
Pactiv Evergreen — Canton Mill
175 Main St
Canton, NC 28716
Return Receipt # 7021 2720 0000 1259 4163
SUBJECT: NOTICE OF VIOLATION and NOTICE OF INTENT TO
ENFORCE (NOV-NOI)
Pigeon River Fish Kill — Canton Mill WWTP
NPDES Permit: NC0000272
NOV-2021-FK-0002 and NOV-2021-SS-0022 (Incident
#202102269)
Make any outlets into the waters of the State
Cause or Permit Any Waste Discharge in Violation of Water
Quality Standards
Unlawful Discharge of Oils or Other Wastes
Permit Condition Violation — Failure to Implement BMPs
Stream Standard Violation — Removal of Best Usage
Haywood County, N.C.
Response deadline: Ten (10) days upon receipt*
*No additional response is required based on your previous submittals.
Dear Mr. McCarthy:
Chapter 143, North Carolina General Statutes (NCGS), directs and authorizes the Environmental
Management Commission (EMC) of the Department of Environmental Quality (DEQ) to protect and
preserve the water and air resources of the State. The Division of Water Resources (DWR) has the
delegated authority to enforce water pollution control laws and regulations. The subject NOV-NOI is
being re -issued and contains corrections; please use this version for case reference.

DocuSign Envelope ID: FFD05528-78F1-42FD-9140-7ECB6D4A4D38
NC0000272
NOV-2021-FK-0002, NOV-2021-SS-0022
Page 2 of 3
On November 23, 2021, Tim Heim from the Asheville Regional Office (ARO) of the Division of Water
Resources (DWR) received a call from Mr. Tracy Willis (Pactiv Evergreen Canton Mill WWTP ORC)
stating that trace amounts of foam were being observed downstream of Outfall 001 in the Pigeon
River, a Class C water in the French Broad River Basin. On November 24, 2021, a subsequent e-mail
communication described the Tall -Oil -Making Process equipment and/or Pine Weak Liquor Storage
Tank as the likely source of the "soap" (tall oil) that had entered the wastewater system. The subject
wastewater facility reported three (3) days of daily maximum BOD5 exceedance as a result. The 5-
day follow-up report submitted on December 6, 2021 reported dead and/or distressed fish present
in the Pigeon River up to 7.1 miles downstream of the 001 Outfall; dead fish were not reportedly
observed above the Outfall 001.
As a result of the investigation, the following violations were identified:
VIOLATIONS:
I. Making an outlet — G.S. 143-215.1(a) states that no person shall do any of the following things or
carry out any of the following activities unless that person has received a permit from the
Commission and has complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1) —
Make any outlets into the waters of the State.
II. Cause or Permit Any Waste Discharge in Violation of Water Quality Standards — G.S. 143-
215.1(a)(6) states that no person shall cause or permit any waste, directly or indirectly, to be
discharged to or in any manner intermixed with the waters of the State in violation of the water
quality standards applicable to the assigned classifications.
III. Unlawful Discharge of Oils or Other Wastes: Fresh Surface Water Quality Standards for Class C
Waters - 15A NCAC 02B .0211 (12) - Oils, deleterious substances, or colored or other wastes: only
such amounts as shall not render the waters injurious to public health, secondary recreation, or to
aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the
waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious
substances, or colored or other wastes shall include substances that cause a film or sheen upon or
discoloration of the surface of the water or adjoining shorelines, as described in 40 CFR 110.3(a)-
(b), incorporated by reference including subsequent amendments and editions.
IV. Conditions of Best Usage - 15A NCAC 026.0211 (2) — The discharge event resulted in a violation of
Title 15A North Carolina Administrative Code 02B .0211 (2) which requires that "The waters shall
be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses on either a
short-term or long-term basis shall be considered to be violating a water quality standard."
V. Permit Condition Violation, A. (6.) Best Management Practices (BMP) Special Condition — Permit
condition A. (6.) requires implementation of BMPs specified in the subject NPDES permit. The

DocuSign Envelope ID: FFD05528-78F1-42FD-9140-7ECB6D4A4D38
NC0000272
NOV-2021-FK-0002, NOV-2021-SS-0022
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reported circumstances of the tall soap release and subsequent introduction into the wastewater
system indicate a failure to implement multiple BMPs.
REQUIRED RESPONSE
No additional response is required based on your previous submittals. However, you may elect to
submit an additional response for consideration. Any additional information you provide must be
received by this office within ten (10) days of receipt of this Notice. Your response may be
submitted via email to [e-mail] or mailed to this regional office.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Resources regarding these issues and any
future/continued violations that may be encountered. Your above -referenced response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are subject to
a civil penalty assessment of up to $25,000.00 per day for each violation.
Should you have any questions regarding these matters, please contact Tim Heim at (828) 296-
4665 or [e-mail].
Sincerely,
�DocuSigned by:
"-7E617A38285848C...
G. Landon Davidson P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Ec: Chuck Cranford, Environmental Manager — Pactiv Evergreen
NPDES Central File