NC0000272_NOV and Intent to Assess_20230711

DocuSign Envelope ID:72048DE2-F1C5-49BC-8A91-BAC4110E5CC9
R�SPATE�
ROY COOPER
Governor
ELIZABETH S.BISER ,.
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
July 11, 2023
CERTIFIED MAIL RETURN
RECEIPT REQUESTED 7022 2410 0003 1436 8733
Mr. James (Jay) Clary, General Manager
Blue Ridge Paper Products, Inc. dba Evergreen Packaging
175 Main Street
Canton, North Carolina 28716
SUBJECT: NOTICE OF VIOLATION and NOTICE OF INTENT TO
ENFORCE (NOV-NOI)
NPDES Permit: NC0000272
Incident No.: 202300938
Evergreen Packaging—Canton Mill (facility)
NOV-2023-DV-0280
Make any outlets into the waters of the State
Permit Condition Violations— Duty to Mitigate and Duty to
Comply
Haywood County, N.C.
Response deadline: Ten (10) days upon receipt
Dear Mr. Clary:
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 June 5, 2023,the DWR received a complaint stating that staff at the subject facility were disposing
of sodium hydroxide solution and calcium hypochlorite directly into the subject facility's NPDES
permitted wastewater treatment system. Photos provided with the complaint show a hose
connected to a chemical tote that appears to terminate above a floor drain. In a June 6, 2023
conversation with DWR, facility staff stated that used sodium hydroxide is sometimes diluted before
disposal into the NPDES permitted wastewater system. A June 7, 2023 DWR email to facility staff
states, "The direct disposal of raw material or product is not covered under your NPDES permit as it
is not a wastewater nor a by-product of an industrial process". In a subsequent call on June 9, 2023,
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S.Highway 70 1 Swannanoa,North Carolina 28778
NORTH CAPQLIW
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DocuSign Envelope ID:72048DE2-F1C5-49BC-8A91-BAC4110E5CC9
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facility staff indicated that raw or unused materials and product (i.e., virgin chemicals) could in fact
be disposed of through the wastewater system and that these activities (e.g., discharging unused or
raw chemicals) were compliant with their NPDES permit. Additionally, facility representatives stated
that this type of process was inherent to the shutdown operations. In a meeting with facility staff
shortly after the shutdown was announced, DWR staff specifically stated that the dumping, disposal
or discharge of unused or virgin chemical products or materials into the NPDES permitted
wastewater system is prohibited.
As a result of the investigation, the following violations were identified:
VIOLATIONS:
I.Make any outlets into waters of the State—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.Duty to Mitigate - NPDES Standard Conditions, Section B.2. The Permittee shall take
reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of
this permit with a reasonable likelihood of adversely affecting human health or the
environment [40 CFR 122.41(d)].
III.Duty to Comply— NPDES Standard Conditions, Section B.1. The Permittee must comply with
all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA
and is grounds for enforcement action, for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
REQUIRED RESPONSE
The following request for information is being made pursuant to Part II NPDES Standard Conditions,
Section B.8.
1. Please provide a description of all raw, virgin or otherwise unused materials or
chemicals, including volumes, discharged to the wastewater system from the beginning of
the transition shutdown period. Your response should detail the conditions or processes
under which the discharge occurred. Your response should also include any discharges by 3rd
parties at the facility such as contractors;
2. In a June 9, 2023 discussion between DWR and facility staff, facility representatives
stated that any unused or raw product (i.e., chemical) remaining in an opened vessel is
permitted to be disposed of in the facility's NPDES wastewater system. Please provide a
narrative explaining this position and include any relevant documents, rule citations, permit
conditions, etc. necessary to support this position; and,
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S.Highway 70 1 Swannanoa,North Carolina 28778
NCH�HCAH�LINA
0.pad t.1M E.i.n el Qnlr /`S 828.296.4500

DocuSign Envelope ID:72048DE2-F1C5-49BC-8A91-BAC4110E5CC9
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3. Photos submitted to the DWR on June 5, 2023 as part of the complaint and shared with
facility staff on June 6, 2023, display a hose connected to the bottom of a chemical tote
labelled sodium hydroxide solution. The opposite end of the same hose appears to be
positioned over a floor drain. A second chemical tote bearing a similar label is positioned on
top of the tote with the hose connection. The second tote has a hose that appears to drain
into the top of the lower tote. Please describe in detail the activity captured by the photos.
Please provide the names of any facility staff and/or contractors involved in the activity.
Please provide a date and time in which the activity occurred and the duration of the
activity.
Your response may be submitted via email to [e-mail] or mailed to this
regional office. The response is to be received by this office no later than ten (10) calendar days
from the date of your receipt of this Notice via certified mail.
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 feel free to contact me at 828-230-
4057 or [e-mail].
Sincerely,
DocuSigned by:
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7E617A38285848C...
G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Ec: Charles Howell,Environmental Manager—Pactiv Evergreen
Fern Paterson,Pactiv Evergreen
Billy Clarke—Roberts and Stevens
DWR Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S.Highway 70 1 Swannanoa,North Carolina 28778
NCH�HCAH�LINA
0.pad t m E.i.n Mel Qnlr /`S 828.296.4500