NCG500244_Compliance_20200306

NPDES DOCUMENT SCANNING COVER SHEET
NPDES Permit:
NCG500244
Giles Chemical
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
`-
Coipliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
March 6, 2020
This document its pririted on reuse paper - ignore any
content on the resrerse side

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 6, 2020
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6032 - RETURN RECEIPT REQUESTED
Mr. Matt Haynes
Giles Chemical
102 Commerce St
Waynesville, NC 28786
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Giles Chemical
NPDES Permit NCG500000
Certificate of Coverage NCG500244
Case DV-2020-0022
Haywood County
Dear Mr. Haynes:
I have considered the information you submitted in support of a request for remission in the
subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the
original civil penalty assessment which totals $4,129.37.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) days
of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendation to deny the requests will be delivered to the North Carolina Environmental
Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final
agency decision.
If you desire to make an oral presentation to the Committee on why your requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
Mr. Charles H. Weaver
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
c�ap� D_E Q
�or�o..1..- sE,m.mo..
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.900North Carolina

NCG500244 Remission Decision
Page 2 of 3
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
cc: NPDES file
SENDER: COMPLETE THIS S
■ Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
Giles Chemical
Attn: Matt Haynes
102 Commerce St
Waynesville, NC 28786
II I IIIIII IIII IIII III I I IIII I IIIII I I I I III' II III
9590 9402 3950 8060 9864 44
Sincerely,
- rS. Daniel mith
Director, Division of Water Resources
COMPLETE THIS SECTION ON DELIVERY
B. Received by (Printed Name)
❑ Agent
0 Addressee
C. Date .f Delivery
D. Is delivery address different from item 1
If YES, enter delivery address below: ❑ No
Yes
3. Service Type
❑ Adult Signature
❑ Adult Signature Restricted Delivery
❑ Certified Mail®
❑ Certified Mail Restricted Delivery
❑ Collect on Delivery
Delivery Restricted Delivery
7015 0640 0007 9833 6032 ail
ver ail Restricted Delivery
(o$500)
PS Form 3811, July 2015 PSN 7530-02-000-9053
❑ Priority Mail Express®
0 Registered MaiiTM
❑ Registered Mail Restricted
Delivery
0 Return Receipt for
Merchandise
❑ Signature ConfirmationT"'
0 Signature Confirmation
Restricted Delivery
Domestic Return Receipt

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0022 Region: Asheville County: Haywood
Assessed Entity: Giles Chemical Company Permit: NCG500214
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting
fro the violation:
Permittee States: High-level alarm was installed for the tank that overflowed, and staff training was
done to ensure proper alarm response. Tank labeling was also done.
DWR Response: Proper O&M would have prevented this violation.
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Installation of high-level alarm uncovered blockage in existing overflow drain.
DWR Response: Proper O&M would have prevented this violation.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission ❑
$ L-d00 r OD (enter amount)
(� or $ 00 (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Ass
aniel Smith

Weaver, Charles
From: Davidson, Landon
Sent: Monday, March 2, 2020 3:38 PM
To: Sugg, Celeste
Cc: Hennessy, John; Zimmerman, Jay; Weaver, Charles
Subject RE: 03/05/2020 CPRM
Celeste,
ARO has recommended no remission on our cases. Due to this fact plus our high number of vacant positions (5) coupled
with other priorities, we do not plan to attend the call. As previously discussed, if CO disagrees with ARO's remission
recommendation, we will gladly participate on the call to work through the remission request; please let me know if this
is the case.
Regards,
Landon
G. Landon Davidson, P.G.
Regional Supervisor — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon.Davidson(a ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEQ permits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sugg, Celeste
Sent: Monday, March 2, 2020 10:20 AM
To: Allen, Trent <[e-mail]>; Basinger, Corey <[e-mail]>; Pitner, Andrew
<[e-mail]>; Bennett, Bradley <[e-mail]>; Carpenter, Sydney
<[e-mail]>; Corporon, Joe <[e-mail]>; Davidson, Landon
<[e-mail]>; Wiggs, Linda <[e-mail]>; DelDuco, Emily
<[e-mail]>; Denard, Derek <[e-mail]>; Graznak, Jenny
<[e-mail]>; Boone, Ron <[e-mail]>; Haupt, Mac <[e-mail]>; Heim, Tim
<[e-mail]>; Kabat, Ashley M <[e-mail]>; King, Morella s <morella.sanchez-
[e-mail]>; Hunkele, Dean <[e-mail]>; Litzenberger, Kristin S
<[e-mail]>; Lloyd, Chloe D <[e-mail]>; Maher, Niki <[e-mail]>;
May, David <[e-mail]>; Phillips, Emily <[e-mail]>; Saunders, Erickson G
<[e-mail]>; Snider, Lon <[e-mail]>; Sugg, Celeste <[e-mail]>;
Tankard, Robert <[e-mail]>; Sullivan, Shelton <[e-mail]>; Thornburg, Nathaniel
<[e-mail]>; Grzyb, Julie <[e-mail]>; Vinson, Scott <[e-mail]>;
Weaver, Charles <[e-mail]>; Wojoski, Paul A <[e-mail]>; Manuel, Vanessa
<[e-mail]>; Brantley, Mark <[e-mail]>; Turlington, Chad
1

AMER
MAGNESIA, LLC
February 20, 2020
Director
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
RECEIVED
FEB 2 6 2020
NCDEQIDWRINPDES
This letter provides the justification for remission for Case number DV-2020-0022, Permit NCG 500244
for Giles Chemical, a Division of Premier Magnesia. The Justification for Remission Request form and the
Request for Remission Waiver of Right to an Administrative hearing and Stipulation of Facts form are
attached.
During an inspection of January 13, 2020, DEQ representatives observed a facility process recovery
water tank overflowing. Our justification for remission of penalty request centers on items b and c of the
Justification for Remission Request form.
b - prompt abatement
Giles Chemical took immediate action to stop the overflow. On January 13, 2020, we instituted a high-
level alarm for the tanks within the site Distributed Control System (DCS), with both audible and visible
notification to operators. On January 14, 2020, operators were subsequently trained on how to respond
to the alarm. Tank labeling was completed on February 20, 2020.
c — inadvertent cause
During installation of the overflow alarm, the existing overflow drain was discovered to be partially
plugged. Giles has planned to install a 4-inch overflow line to prevent any future plugging. This work is
scheduled to be completed on March 1, 2020.
Thank you for your assistance in this matter.
Matt Haynes
VP Manufacturing
Giles Chemical, a Division of Premier Magnesia

DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2020-0022
Assessed Party: Giles Chemical Corporation
Permit No.: NCG500244
County: Haywood
Amount Assessed: $4,129.37
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 factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-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.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
Z(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps. kat you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

DocuSign Envelope ID: EAD5CBAB-6F02-4F4E-8B52-E634F926DD93
STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Giles Chemical Corporation
Waynesville plant
PERMIT NO. NCG500244
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2020-0022
Having been assessed civil penalties totaling $4,129.37 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 14, 2020, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the d day of reVJ( , 20
SI "A
ADDRESS
02 Cnnv - v(e
Wawnesv. I(e C_ 6c -? BCD
TELEPHONE
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