NC0000272_NOV-2022-SS-0033 PactivEvergreen_20221020

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500

October 20, 2022

CERTIFIED MAIL 7021 0350 0000 1637 8265
RETURN RECEIPT REQUESTED

Blue Ridge Holding, LLC d/b/a PactivEvergreen
Attn.: John McCarthy, General Manager
175 Main Street
Canton, NC 28716

SUBJECT: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT
NOV-2022-SS-0033 (Incident No.: 202200160)
Stream Standard Violation - Removal of Best Usage
Stream Standard Violation - Floating solids, settleable solids or sludge deposits
Stream Standard Violation - Oil, deleterious substances or colored or other wastes
Blue Ridge Holding, LLC d/b/a PactivEvergreen – Canton Mill (175 Main Street)
Haywood County, NC
Haywood County, NC.
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.
On January 28, 2022, staff of Blue Ridge Holding, LLC d/b/a PactivEvergreen (PactivEvergreen) reported
the presence of material reported as black liquor visibly present in the streambed substrate of the
Pigeon River and in the area of a documented groundwater seep. The groundwater seep reportedly
results from the discharge of groundwater impacted by historic black liquor releases. The groundwater
incident is referenced by the lead regulatory agency, NC Division of Waste Management, as
NONCD0001473.

On January 31, 2022, DWR staff field-verified the presence of the black liquor seep which remained visible
in the Pigeon River streambed substrate until February 11, 2022. The Pigeon River (stream index: 5-(7)) is
a Class C waterbody. Based on these findings, the DWR issued International Paper (IP) a Notice of Violation
(NOV) on April 11, 2022, a copy of which was previously provided to you. Because PactivEvergreen has
acknowledged that it is a responsible party for the subject incident and is the current owner/operator,
DWR is providing supplementary notice to PactivEvergreen of the following violations:

VIOLATIONS RELATING TO STREAM IMPACTS AND DISCHARGES
Violation 1: Removal of Best Usage; 15A NCAC 02B .0211 (2) - the conditions of waters shall be such
that waters are suitable for all best uses specified in this Rule. Sources of water pollution that preclude
DocuSign Envelope ID: 4C3D6E0D-DEC3-4B2A-9225-733AA4D7C5CF

Page 2 of 3
Blue Ridge Holding, LLC d/b/a PactivEvergreen
October 20, 2022

any of these uses on either a short-term or long-term basis shall be deemed to violate a water quality
standard.
Violation 2: Stream Standard Violation – Floating solids, settleable solids or sludge deposits: 15A NCAC
02B .0211 (8) – only such amounts attributable to sewage, industrial wastes, or other wastes as shall not
make the water unsafe or unsuitable for aquatic life and wildlife or impairs the waters for any
designated uses.
Violation 3: Stream Standard Violation – Oils, deleterious substances, or colored or other wastes: 15A
NCAC 02B .0211 (12) – 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
1110.3(a)-(b), incorporated by reference including subsequent amendments and editions.

REQUIRED RESPONSE

On October 17, 2022, the DWR received a surface water sampling plan from Paul Syslo of PactivEvergreen
in collaboration with IP. The Division of Waste Management (DWM) approved the sampling and analysis
plan on October 18th. The requirements set forth in NOVs issued to IP are listed below and are the same
for PactiveEvergreen. The DWR acknowledges that the October 17th submittal will begin to address the
following requirements and as such, no additional submittal is required at this time to satisfy this NOV.

1. A surface water sampling plan: An approved surface water sampling shall meet the following
requirements:
a. Determine the constituents of concern which will necessitate sampling and broad
spectrum analyses to include all potential constituents (e.g., Alkalinity, Al, As, B, Ba, Cl,
Co, Color, COD, Cr, Fe, Mn, Na, NH3, Ni, Orthophosphate, Pb, Phenol, Se, SO4, TKN,
VOA, SVOA, Zn, etc.). A complete list of all constituents of concern will be approved by
the Division in collaboration with the Division of Waste Management’s Inactive
Hazardous Sites Branch, the lead agency for the subject release);
b. Monitoring in accordance with 15A NCAC 02B .0211(11) to accurately characterize total
and dissolved phase metals;
c. Monitoring for the purposes of establishing the mass contaminant loading or flux
through groundwater to the Pigeon River;
d. Any approved sampling plan must ensure full characterization and monitoring of the
impact to surface waters in various seasons, groundwater flow conditions, river stage,
etc. Sampling may include surface water, groundwater, river substrate (e.g., via seepage
meter), and seeps;
e. A workplan to survey of the east bank of the Pigeon River to identify all seepage areas;
and,
f. A plan for a toxicity study to evaluate any impact to human health and aquatic life. The
first phase of the study shall evaluate the toxicological impact at the groundwater
discharge location(s). A second phase will be required to determine if any cumulative
impact exists downstream of the groundwater discharge area after confluence with the
NPDES discharge.
DocuSign Envelope ID: 4C3D6E0D-DEC3-4B2A-9225-733AA4D7C5CF

Page 3 of 3
Blue Ridge Holding, LLC d/b/a PactivEvergreen
October 20, 2022

2. A sediment sampling plan: The DWR will require the evaluation of a sediment sampling plan to
quantify any impacts to streambed substrate from the discharge of impacted groundwater; and,
3. A historical summary of any efforts, pilot or otherwise, to contain or treat the impacted
groundwater.

These violations and any future violations may be subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. DWR may also seek injunctive relief pursuant to G.S. 143-215.6C.
Should you have any questions regarding these matters, please contact Brett Laverty at [phone]
or [e-mail].

Sincerely,

G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

ec: ARO file
Collin Day – NC DWM IHSB
David Ramey - NC DWM IHSB
Tom Richardson - International Paper EHS Remediation
DocuSign Envelope ID: 4C3D6E0D-DEC3-4B2A-9225-733AA4D7C5CF