NC0000108_LV-2016-0041_20160202

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PAT MCCRORY
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DONALD R. VAN DER VAART
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Water Resources
ENY[R,ONMENTAL QUALITY S. JAY ZIMMERMAN
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Certified Mail# 7014 0510 0000 4466 7812
Return Receipt Requested
January 29, 2016 RE f?IUEDINGDEUDWR
Jim Kelley FEEF B 0 2 2016
New Excelsior Inc
1379 Old Rosman Hwy W ted' ter Quality
Brevard,NC 28712 per tting Section
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 WW Permit No.NC0000108
New Excelsior Inc
Excelsior Packaging Group
Case No. LV-2016-0041
Transylvania County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$259.26($100.00 civil penalty+
$159.26 enforcement costs)against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by New Excelsior Inc for the month of July 2015. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0000108. The violations,
which occurred in July 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. 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 Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

•
$100.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.N00000108, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TSS- Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6)and Permit No.N00000108, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$100.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$259.26 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(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 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 petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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 with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
James&James Environmental/ORC

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0041 County: Transylvania
Assessed Party: New Excelsior Inc
Permit No.: NC0000108 Amount Assessed: $259.26
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);
(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 ENVIRONMENTAL QUALITY
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
New Excelsior Inc )
Excelsior Packaging Group )
)
PERMIT NO.NC0000108 ) CASE NO. LV-2016-0041
Having been assessed civil penalties totaling$259.26 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated January 29,2016,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 , 20
SIGNATURE
ADDRESS
•
TELEPHONE

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2016-0041
PERMIT: NC0000108 FACILITY: Excelsior Packaging Group COUNTY: Transylvania REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 7-2015 003 Effluent TSS-Conc 7/23/15 Weekly mg/I 45 80 77.8 Daily Maximum Exceeded
$0.00 7-2015 003 Effluent TSS-Conc 7/31/15 Weekly mg/I 30 32.00 6.6 Monthly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: New Excelsior Inc
Facility Name: Excelsior Packaging Group
Permit Number: NC0000108
County: Transylvania
Case Number: LV-2016-0041
ASSESSMENT FACTORS
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;
One Daily Max TSS exceeded the permit limit by 77.77 %.
One Monthly Average TSS exceeded the permit limit by 6.58%.
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 and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
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 enforcements in the twelve months prior to this assessment.
8) The cost to the State of the enforcement procedures.
$159.26
pC • Z s'-
Date G. Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

........ '
NPDES PE!?.MIT NO.:NC0000108 PERMIT VERSION:3_0 PERMIT STATUS:Active Gr
FACILITY NAME:Excelsior Packaging Group CLASS:WW-2 COUNTY:Transylvania
OWNER NAME:New Excelsior Inc ORC:Juanita Reed James ORC CERT NUMBER:24074
GRADE:WW-3. ORC HAS CHANGED:Yes
eDMR PERIOD:07-2015(July 2015) VERSION:1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
a 50050 00010 00400 50060 C0310 C0610 C0530 31616
• I-. a ..
d v -t` F y 4 Weekly Weekly,':' 2 X month 2 X week Weekly Weekly Weekly Weekly
o e ` o `e
S• a : V a Instantaneous drab Grab Grab Grab Grab Grab Grab
C' U F 0 O O Z' FLOW-' TEMP-C PH _CHLORINE BOD-Cone NH3-N-Cone TSS-Coo FEC COLI
2400 Hrs 2400 Hrs YBIN r: mgd degc su ugh mg/I mg/I mg/I i#/100m1
1 1000 0.25 Y~ -
2 1010 0.33 Y <15 t
3 No Visitation-Holiday ,
4 _
5
6 1020 0.42 Y 7.9
7 1015 0.5 Y <15 1
8 1445 0.33 Y _
9 1250 0.67 V 0.001 24.3 7.4 <15 6.33 0.135 15.2 <1
10 1300 0.42 Y _
11 ,
12
13 1305 0.5 Y 4
14 0925 0.58 Y 0.001 23.4 <15 14.7 0.26 ,9.18 (<1
15 - 0945 0.33 Y
16 1355 0.42 Y ,
17 1100 0.33 Y <15 1
18 ,
19 • ,
20 1030 0.67 Y
21 1115 0.5 Y <15 I _
22 1020 0.37 Y
23 1030 0.42 Y 0.0015 24.5 6.9
<15 >203 0.4 :t 400
24 1335 0.33 Y
25
26
27 1234 0.92 B
28 1218 0.3 B 25.5 7.1 <15 22.6
29 1510 0.33 B
30 1310 0.42 B 0.002 <15 32.5 0.3 32.9 4
31 1425 0.33 B
Monthly Average Limit: 0.015 -30 21 30 200
Monthly Average: 0.001375 24.425 7.325 0 18.4575 0.27375 31.976 6.324555
Dacey,Ma;iu,3NAicik'003'r%''p11`1*)i: 25.5 7.9 0 32.5 0.4 80 400
Daily Minimum: 0.001 : 23.4 6.9 0 6.33 0.135 9.18 0
Monthly Avg%Removal(85%11'
• _ ..-•._..,.�._.; -I,-•1, `c.�) �*y-,,, i} /}�yyZ� gip:'i Ciy� ai81eSl:'rCBS !r3 \E4, 1S:.d'/' DivIerg %Q/'��/S�/ fi" LV o�I�vJr1► Sl�l�›.1AUG 31 2015 ,�d-zo/4 'OD 4/
Sip 11 2015CENTRAL FILES
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Opera1

NPDES PERMIT NO.:NC0000108 PERMIT VERSION:3_0 PERMIT STATUS:Active
FACILITY NAME:Excelsior Packaging Group CLASS:WW-2 COUNTY:Transylvania
OWNER NAME:New Excelsior Inc ORC:Juanita Reed James ORC CERT NUMBER:24074
GRADE:WW-3. ORC HAS CHANGED:Yes
eDMR PERIOD:07-2015(July 2015) VERSION:1.0 STATUS:Processed
COMPLIANCE:Non-Compliant CONTACT PHONE#:[phone] SUBMISSION DATE:08/20/2015
1� A, �QJ 08/20/2015
ORC/Certifier Sign.Oe: Juanita Jams -Mail:[e-mail] Phone #:[phone] Date
By this signature,I certify that this report is accurate and complete to the best of my knowledge.
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.
COMMENTS:BOD on the 9th&14th:data valid;blank was>0.20mg/L&GGA was greater then 228.5 mg/L
BOD on the 23rd:data valid;blank was>0.20mg/L&sample did not leave 1.00mg/L DO
TSS on the 28th:data valid;ran out of hold time
The laboratory ran the analysis based upon the understood criteria of odor and appearance but the sample depleted all of the oxygen from the test bottle. Therefore,a greater than
result was documented for the BOD. We anticipate that the increased BOD contained within the facility was due to a slug of potential cleaning products in the BOD influent
concentration. With much conversation among the employees,nothing notable has been determined. This is still an open investigation. In this even,the slug was sufficient
enough to kill bacteria,thereby increasing the total suspended solids results. We are working diligently with the staff of New Excelsior to find an end to this issue.
BOD on the 30th:data valid;blank was>0.20mg/L&RPD>30%
gil
`Js ` 08/20/2015
Permittee/Su ter Sign""""`Siiggnnature:* uanita James E Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date:09/30/2015
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 fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME:James and James Environmental Mgt.Inc.
CERTIFIED LAB#:482
PERSON(s)COLLECTING SAMPLES:Shannon James
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit(919)807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES

, 3 ' (....F. 474
`Dti�� JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
�4 4$ PO BOX 519, MOUNTAIN HOME,NC 28758
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�� [phone] OFFICE
I1iall7 [phone] FAX
Alio iiiv,
July,2015
Client:New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System(NPDES)permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
BOD-5 day test
23`a->20.3 mg/1
TSS-
23`d—80.0 mg/1
Monthly Average 34.3 mg/1
This result is less than the set 45 mg/1 daily max however with the">"sign indicating that this is not the
greatest number that was available. The laboratory ran the analysis based upon the understood criteria of
odor and appearance but the sample depleted all of the oxygen from the test bottle. Therefore,a greater
than result was documented.
This did not give a monthly violation. We anticipate that the increased BOD contained within the facility
was due to a slug of potential cleaning products in the BOD influent concentration. With much
conversation among the employees,nothing notable has been determined. This is still an open
investigation. In this event,the slug was sufficient enough to kill bacteria,thereby increasing the total
suspended solids result. We are working diligently with the staff of New Excelsior to fmd an end to this
issue.
Please fmd enclosed a copy of the Discharge Monitoring Report(DMR)for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James&James as your service company.
Thank you,
Juan a eg, (-)i
5/,i