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HomeMy WebLinkAboutNC0000108_NOV 2nd Attempts 2014_20140419An"'W NCDETIR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary March 19, 2014 April 17, 2019 - 2 °d Mail Attempt CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 00021965 9622 Mr. Ron Shemesh, CEO Excelsior Packaging Group 1379 Old Rosman Highway Brevard, North Carolina 28712 CERTIFIED MAIL RETURN RECEIPT REOUESTED 70121010 00021967 8050 Mr. Ron Shemesh, CEO Excelsior Packaging Group 159 Alexander Street Yonkers, NY 10701 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 RECEIVED /DENROWR Excelsior Packaging Group Excelsior Packaging Group WWTP APR 2 1 2014 Case No. LV- 2014 -0025 Water Resources Transylvania County Permitting Section 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- 215.1(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 Phone: (828) 296-0500 FAX: (828) 299 -7043 Internet: httpJ /portal.ncdenr.orgtwebhwq 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- 215.1(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: 1. 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 143B- 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 finther 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 Mil 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 (919) 733 -2698 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 dateltime 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,)�� 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\ Wastewater \Minors \Excelsior 00108 \LV - 2014 -0025.doc (Prior NOV- 2014 -LV -0072) JUSTIFICATION FOR REAUSSION REOUEST DWQ Case Number: LV- 2014 -0025 County: Transylvania Assessed Party: Excelsior Packaging Group Permit No.: NC0000108 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 ) ADM[NSTRATIVE HEARING AND STIPULATION OF FACTS EXCELSIOR PACKAGING GROUP ) 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 ;_ VATI s_ TELEPHONE ,20 ±_ % 1 : t1l_ PERMIT: NC0000108 FACILITY: Excelsior Packaging Group Limit Violations MONITORING OUTFALLF PENALTY REPORT PPI LOCATION PARAMETER $100.00 11- 2013 003 Eftnfd TSS - Cock $100.00 11 -2013 003 Elnuecd TSS - Cow $250.00 11 -2013 003 Effkmd TSS - Corm ATTACHMENT A Excelsior Packaging Group CASE NUMBER: LV 20140025 COUNTY: Transylvania REGION: Asheville VIOLATION UNIT OF CALCULATED % OVER DATE FREQUENCY MEASURE LIRW VALUE LIMIT VIOLATION TYPE 11121113 Weedy mo 45 113 151.11 Day MwftM Exceeded 11125M3 We" mgll 45 85 44.44 Defy Mexknucn Exceeded 11130/13 Weedy mgm 30 85.85 119.50 Monb* A"mpe Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Excelsior Packaging Groun / NC0000108 (November 2013 DMR) (Prior NOV 2014 -LV -0072) County: Transylvania 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 Daily Max TSS's exceeded the permit limit by 151.11 % & 44.44 %. One Monthly Average 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. 03. 1-�•Iq Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office 03/17/2014 Permit Enforcement History Details by Owner ( 64 03/17/14 1 Owner: Excelsior Packaging Group Facility: Excelsior Packaging Group Permit: NC0000108 Region: Asheville County: Transylvania Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Approved Enforcemen Request Enf Conf Received Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number' MR amount t Costs Damages Held Amount Held Amount Amount to AGO Total Paid Dus Plan Closed RV- 1995-0008 05/24/95 $250 $.00 $.00 $250.00 $.00 No 08/19/95 LV- 2000 -0148 05/12/00 $1,250 $100.00 06/05100 08/02/00 $.00 $1,350.00 $.00 No 09/06/00 LV- 2000 -0156 05/22/00 $1,000 $50.00 06/21100 06/02/00 $.00 $1,050.00 $.00 No 09/06/00 TX- 2000 -0063 11/08/00 $1,000 $74.24 $1,074.24 $.00 No 12/07/00 LV- 2010 -0091 10 -2009 03/23/10 $100 $67.00 $167.00 $.00 No 04/13/10 LV- 2014 -0025 11 -2013 03/14/14 $450 $147.50 $597.50 No Total Cases: 6 Total Penalty Amount: $4,050 Total Enforcement Cost: $438.74 Sum of Total Paid: $3,891.24 Total Balance Due: $597.50 Sum of Total Case Penalties: $4,488.74 Total Penalties after remission(&): $4,468.74 NPDES PERMIT NO. NC0000108 DISCHARGE NO. FACH.ITY NAME EXCELSIOR PACKAGING CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. (list additional laboratories on the baeksidelpage 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) JUANITA JAMES �4*1115 003 MONTH NOVEMBER YEAR 2013 CLASS II COUNTY TRANSYLVANIA CERTIFICATION NO. 482 GRADE IN CERTIFICATION NO. 21074 PERSON(S) COLLECTING SAMPLES JUANITA JAMES ORC PHONE 82849744 CHECK BOX IF ORC HAS CHANGED U NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL RILES � M 12/1S 3 DMSION OF WATER QUALITY I vIL �1r .,r SInLr �ntucvn/ LN t a 1617 MAIL SERVICE CENTER BY GNATURE, i Cot17tY THAT THffi M RALEIGH. NC 27699 -1617 A AND CORRIMI TO THE BEST OF MY ENOWLEDGL 50030 00010 00400 30060 00310 1 00610 00530 31616 !H FLOW Id W 8a Bp1 MY pa� �W� UV o c dbkdecd• HMS Has Y/MIN MGD V C UNITS UG/L Me& MG& MG& MOOML 1 1415 0.75 Y 2 0.00 31 1 0.00 1 1Ii 41 1318 1 0.67 Y 1 14.2 7.4 <15 1 51 1158 1 0.42 I Y 1 0.002 13.4 7.6 <15 6.4 2.3 142.7A <2.0 1 61 1115 1 0.56 1 Y I I 1 1 71 10551 0.30 I Y I I I I I 91 12321 0.30 I Y I I I 91 1 0.QO 1 1 1 I I i01 1 0.00 I I I I I I I I I I I I I IHOLIDAYI 0.00 1 1 1 1 1 I I I I I I I 121 1840 1 0.171 Y I I I I 131 1215 1 0.50 I Y I I 1 1 <15 1 I I I I 141 1438 1 0.42 1 Y 1 0.001 1 10.71 7.5 1 <15 i 11.3 B 4.3 42.7 <1.0 dO 151 1215 1 0.63 Y 10.001 161 P 1 1 1 1 1 1 1 171 1 0.00 1 1 1 1 1 I � � I8 1545 0.67 Y <15 19 1138 0.37 Y I a 20 0943 1 0.58 Y 21 1150 0.63 1 Y 0.002 10.1 1 7.1 1 <15 >39.5 B,E1 0.3 113 11 <2.0 22 1615 0.33 Y 231 1 0.00 I I I I I I I I 24 0.00 I I 25 1038 0.50 1 Y 1 0.001 1 9.5 1 7.7 1 <15 1 4.6 0.3 65 I <1.0 1 26 0910 0.42 Y 1 1 271 1010 1 0.301 Y I I I <15 1 I 28 HOLIDAY! 0.00 I I I I I ! 29 HOLIDAY! 0.00 I I I ! 1 30 0.00 _ 311 0.00 1 1 1 AVERAGE 0.001 11.6 0.0 16.8 I 1.11 1.4 1 MAXIMUM ! 0.002 ! 14.2 7.7 <15 1 39.5 1 4.3 1 4 .7 1 <2.0 MINEWUM ! 0.001 ! 9.5 17.1 ! <15 I 4.6 I 0.3 1 13.0 ! <1.0 Comp. (C) / Grab (G) I G I G I G I G I. C I C I C! G Monthly Limit ! 0.035 ! NL 16-9 ! 28 ! 30/45 1 NL 30/45 1 200/400 owtiZw..ma nun 140 .. Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements ( (mdudiag weddy aveta^ if applicable) 7C 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. U 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.&6 of the NPDES permit. -1 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 Sather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly rcq onsrble 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 fines and imprisonment for knowing violations." EXCELSIOR PACKAGING Permince (Please print or type) / / ►� t� �j1M) • / / ► JI/LC.- 12/1802013 ignature of flee * ** 11�� Date (Required submitted dertronically) 1379 OLD ROSMAN FMIY., BREVARD, NC 28712 8284M5 -2929 9/30/2015 Pmmiuee Addles Phone Number e4nd address Per B�pvs" . Date ADDITIONAL CERTIFIED LABORATORIES PARAMETER EODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807 -6300 or by visiting bttpJfporW.ncdenr. orb /weWwq/swp/pstnpdes/appform& o. 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 DNM for the entire monitoring period ** ORC On Site?: ORC must visit facility and document visitation of faciliy as required per 15A NCAC 00.0204. Signature of Permittee: If signed by other than the permitter, thm the ddpgatien of the signatory authority must be on file with the state per 15A NCAC 2B .0506(bX2)(D). Certified Laboratory (2) Certification No. Certified Laboratory+ (3) Certification No. Certified Laboratory (4) Certification No. Celtificd Laboratory (5) Certification No. PARAMETER EODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807 -6300 or by visiting bttpJfporW.ncdenr. orb /weWwq/swp/pstnpdes/appform& o. 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 DNM for the entire monitoring period ** ORC On Site?: ORC must visit facility and document visitation of faciliy as required per 15A NCAC 00.0204. Signature of Permittee: If signed by other than the permitter, thm the ddpgatien of the signatory authority must be on file with the state per 15A NCAC 2B .0506(bX2)(D). t� February 28, 2014 ( Fe4 6n) JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697 -0063 OFFICE (828) 697 -0065 FAX Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Excelsior Packaging Group WWTP 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 19, 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 I & I 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/I. 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, Hang & ilita James !