NC0000108_LV20140025_20140320

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ICDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
March 19, 2014
CERTIFIED MAIL
RETURN RECEIPT REOUESTED 70121010 00021965 9622 D
Mr. Ron Shemesh, CEO
Excelsior Packaging Group MAR 2 0 7 014
1379 Old Rosman Highway
Brevard, North Carolina 28712 mNA . WATER QUAl t r T
POINT SOURCE BRANCH
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 Permit NC0000108
Excelsior Packaging Group
Excelsior Packaging Group WWTP
Case No. LV- 2014-0025
Transylvania County
Dear Mr. Shemesh:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.50
($450.00 civil penalty + $147.50 enforcement costs) against Excelsior Packaging Group.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Excelsior Packaging Group for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0000108. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Excelsior Packaging Group violated
the terms, conditions or requirements of NPDES Permit NC0000108 and G.S. 143- 215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143- 215.6A(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. l(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Excelsior Packaging Group:
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Plane: (828) 2964500 FAX: [phone]
Internet hltpJlportal.nodenr.orghvebhwq
An Equal Opportunity! Affirmative Action Employer

2 of the 2 violations of G.S. 143- 215.1(a)(6) and NPDES Permit No.
$200.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143- 215.l(a)(6) and NPDES Permit No.
$250.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$450.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$597.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143- 215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the 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 quality 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 of the 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 of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
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. 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 issues 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 be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313- 282.1(b)
was wrongfully applied to the detriment of the 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 remaining 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 of the 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.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this 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:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If 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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days

following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699 -6714
Telephone [phone] Facsimile: (919) 733 -3478
and
Mail or hand- deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699 -1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this 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.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828 - 296 -4500
Sincerely,
(Z)7_�k ��'3�
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
James & James Environmental/ ORC
G:\WR\WQ\ Transylvania\Waste-Aater\Nlinors\Excelsior 00 1 08\LV-2014-0025.doc
(Prior NOV- 201 4 -LV -0072)

JUSTIFICATION FOR RENIISSION REOUEST
DWQ Case Number: LV- 2014 -0025 County: Transylvania
Assessed Party: Excelsior Packaging Group
Permit No.: NCO000108 Amount Assessed: $597.50
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 applies. 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);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINSTRATIVE HEARING AND
STIPULATION OF FACTS
EXCELSIOR PACKAGING GROUP 1
PERMIT NO. NC0000108 ) FILE NO. LV- 2014 -0025
Having been assessed civil penalties totaling $597.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 19. 2014, 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
day of
ADDRESS
10:30:390910V
,20
SIGNATURE

PERMIT: NC0000108
FACILITY: Excelsior Packaging Group
Limit Violations
REGION: Asheville
VIOLATION
MONITORING
OUTFALL/
% OVER
PENALTY REPORT
PPI
LOCATION
PARAMETER
$100.00 11- 2013
003
Effluent
TSS - Conc
$100.00 11- 2013
003
Effluent
TSS -Cons
$250.00 11- 2013
003
Effkwnt
TSS -Cons
ATTACHMENT A
Excelsior Packaging Group
CASE NUMBER: LV. 20140025
COUNTY: Transylvania
REGION: Asheville
VIOLATION
UNIT OF
CALCULATED
% OVER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
11/21113
Weekly
"1901
45
113
151.11
Daly Maximum Exceeded
11@5113
Weekly
mgA
45
65
44.44
Daly Maximum Exceeded
11/30/13
Weekly
ngll
30
85.85
119.50
Monddy Average Exceeded

fe
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697 -0063 OFFICE
t (828) 697 -0065 FAX
February 28, 2014
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Excelsior Packaging Group W WTP
Permit No. NC0000108
NOV- 2014 -LV -0072
Dear Mr. Davidson,
This letter is in response to the NOV received by Excelsior Packaging with regard to the TSS from
November, 2013.
On November 14, 2013 through November 22, 2013 there were torrential rains occurring every day. There
was an excessive amount of water running through the system which the operator attributed to 1 & 1 and
was intending to have the system smoke tested to find the issues. As the new week was beginning, the
Facility Maintenance Manager. Clifford Sprouse, reported that the valve on the fire tank failed and the
waste water facility received around 250.000 gallons of water. This caused the facility to become very
turbid and elevated the Total Suspended Solids throughout the plant. By the first week of December, the
facility had regained compliance at 9.4 mg/l.
The chlorine contact chamber was pumped by Mike's Septic Tank Service which aided in the clarity of the
water.
This facility has an excellent compliance history and we would appreciate your consideration with regard to
this fine assessment.
With regards,
�lx�.l Y-
Harry Harry & J } l ita James

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FME)
Violator: Excelsior Packaging Group/ NC0000108
(November 2013 DMR) (Prior NOV- 2014 -LV -0072)
County: Transvlvania
Case Number: LV- 2014 -0025
ASSESSMENT FACTORS
As required by G.S. 143- 214.6A(c), in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Dailv Max TSS's exceeded the permit limit by 151.11 % & 44.44 %.
One Monthlv Averaee TSS exceeded the permit limit by 119.49 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost of more time spent on site
operating the facility.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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
There have been no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
03/17/2014

I. , , .
s
NPDES PERMIT NO. NC0000108 DISCHARGE NO.
FACILITY NAME EXCELSIOR PACKAGING
CERTIFIED LABORATORY (1) JAMES L JAMES ENVIRONMENTAL MGT., INC.
(list additional laboratories on the backside/page 2 of this form)
I � �// �5
003 MONTH NOVEMBER YEAR 2013
CLASS II COUNTY TRANSYLVANIA
CERTIFICATION NO. 482
OPERATOR IN RESPONSIBLE CHARGE (ORC) JUANITA JAMES GRADE III CERTIFICATION NO. 21074
PERSON(S) COLLECTING SAMPLES JUANITA JAMES ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED I I NO FLOW / DISCHARGE FROM SITE " I
Mail ORIGINAL and ONE COPY to: _ gu4 11 ATrN: CENTRAL FILES 12/18/2013
DMSION OF WATER QUALITY 1 V 4rSii&r, 1 nAmvn) uA i a
1617 MAIL SERVICE CENTER
RALBIGB. NC 27699.1617
50030 00010 00400 50060 00310 1 00610 1 00530 1 31616
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51 1158 1 0.42 1 Y 1 0.002 13.4 7.6 <15 6.4 2.3 42.7 A <2.0
61 1115 1 0.58 I Y I
71 1055 1 0.30 1 Y I 1
81 1232 1 0.30 I Y I 1
91 1 0-00 1 1
I' 101 1 0.00 1 ' I
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121 1840 1 0.171 Y I I I I
131 1215 1 0.50 1 Y I I 1 1 <15
141 1438 1 0.42 1 Y 1 0.001 1 10.7 1 7.5 1 <15 11.3 B 4.3 1 42.7 <1.0
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0.00 1
1
311
0.00 1
AVERAGE
I
0.001
11.6
0.0
1 16.8
1 1.8
1.4
MAXIMUM
I 0.002
1 14.2
7.7 1
<15
1 39.5
1 4.3
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I I 1 1
MINIMUM
1 0.001
1 9.5 17.1
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1 4.6
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1 I 1
Comp. (C) / Grab (G)
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Monthly Limit
1 0.035
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/q /y /Vo v O

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable) Lx
Compliant
All monitoring data and sampling frequencies do NOT meet permit
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A
written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6
of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of fires and imprisonment for knowing violations."
EXCELSIOR PACKAGING
Pemtittee (Please print or type) `
�ub�/1�1/t� . / G. 12/18/2013
L ignature of e * ** Date
(Required smitted electronically)
1379 OLD ROSMAN HWY., BREVARD, NC 28712 828 - 885 -2929 9/30/2015
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2)
Certification No.
Certified Laboratory (3)
Certification No.
Certified Laboratory (4)
Certification No.
Certified Laboratory (5)
Certification No.
PARAMETEWCODES
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807 -6300 or by visiting http: / /portal.ncdenr.org /web /wq /swp /ps/npdes/appforms.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
* ** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).