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HomeMy WebLinkAboutNC0000272_LV20160251_20161213r� r 44��° _ Certified Mail # 7014 0510 0000 4466 4002 Return Receipt Requested Stephen J Hutchins, General Manager Blue Ridge Paper Products Inc 175 Main St Canton, NC 28716 _ PAT 34Tr.�:"(R; " _ 3J, 'au December 13, 2016 RECEIVEDUDEOf OR 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. NC0000272 Blue Ridge Paper Products Inc Canton Mill Case No. LV -2016-0251 Haywood County Dear Permittee: DEC 19 2016 Water Quality permitting Section This letter transmits a.Notice of Violation and assessment of civil penalty in the amount of_$366.62 ($250.00 civilpenalty + $116.62 enforcement costs) against Blue Ridge Paper Products Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Blue Ridge Paper Products Inc for the month of May 2016. 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. NC0000272. The violations, which occurred in May 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Blue Ridge Paper Products Inc violated the terms, conditions or requirements of NPDES WW Permit No. NC0000272 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 maybe 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 Blue Ridge Paper Products Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 c t $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0000272, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. . $250.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $366.62 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: �} r 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: (919) 733-2698 Fax: (919) 733-3478 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 atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional u isor 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 G-,WR\WQ\Havwoofip'astavater,IndustiiaPBltie Ridge Paper 002721LV=20115_0251 rX JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2016-0251- County: Haywood Assessed Party: Blue Ridge Paper Products Inc Permit No.: NC0000272 Amount Assessed: $366.62 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 HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Blue Ridge Paper Products Inc ) Canton Mill 1 PERMIT NO. NC0000272 ) CASE NO. LV -2016-0251 Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 13, 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 (3 0) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Blue Ridge Paper Products Inc CASE NUMBER: LV -2016-0251 PERMIT: NC0000272 REGION: Asheville FACILITY: Canton Mill COUNTY: Haywood LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent • Violation Report Unit of Limit Calculated % Over Violation Penalty - Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 5/27/2016 5-2016 Coliform, Fecal MF, Weekly #/100ml 400 2420 505.0 Daily Maximum $250.00 MFC Broth, 44.5 C Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Blue Ridge Paper Products Inc Facility Name: Canton Mill Permit Number: NC0000272 County: Haywood Case Number: LV -2016-0251 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 Fecal Coliform exceeded the permit limit by 505%. 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 is unknown. 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_ violation.. . 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G.,-Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ d R E C rE. I s. D Division o: Water Rasou ces AL 1 8 Prod I Effluent NPDES N�.: NC 0000272 Dischar gNo.: 001 Month: May Year: 2016 Facility Na e: ,Blue Rj, Pa er oduc)s Inc. Class: IV Count : Haywood Operator iri Res oriifle,Cjiar`, ; ,' .'G`;i� ' Ick McCrackenGrade: IV I Phone 828 -646-2874 CertifiedLaboratories: 'f lue_1id: ePa e�_prgda #198; 2 Pace #40,#12, 3 Environmental Testing Solutions #37 Check Box if ORC Has Chang : 3 "' V Uss: P-1 lPerson(s) Collecting Sam les: Operators on Duty Mail ORIG'L+1 COPY to: Aft, (:antral Eilas Div. of Environmental Mgt. DEHNR' P.O. Box 29535 PnIninh Nr.97R�R_OSISi JUL b ' 16 �4 �G5Q3 CE-N""RP, L i � i ,-ES (Signature of Operator in Responsible Charge) Date JUL 12 2018 VV SECT :CT ON BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY -KNOWLEDGE. 0/ -r1119%11 Ink T /,-%%\> 50050 00010 00400 00310 00610 00530 31616 00300 00600 O E CA t'- C LL LL Uj ;Q C O a) �• I i � W Z 2 U 0 9 E as `o a> X � O o E _E a a 2 0 C14 C0 CL v `o `o C-11 O U n L6o U E U E (pa, y o N f - O On IL F, LL m Q F y O HRS YIN MGD `C Std Units Ib./day mg/L Ib./day #/100ml mg/L mg/L 2 1 0700 24 Y 26.250 34.8 7.3 1106 0.10 1314 8.4 etpf �� � �5. �.-+�.+ •_a''h'.v-- ""a - ,S-:� t3'�.;A. Sa''iFL` � va.� ��� e.' w � ve � _ 4 0700 24 f .�vr Y 2.6.20.0 - ry 30.4 7.3 1090 0.10 - 1311 9.5 6 07.00 24 Y 25.830 31.2 7.4 1200 0.10 1939 8.8 m`-'�-�.' �" �:.Ae.' j. _ " - asp N§ +it zj3is 17 -0 -M -0t' h ^s. _ .... .- , n _ _ _ � T• 8 0700 24 N 27.550. 33.2 7.0 1140 0.10 2757 9.5 MOMMI 10 0'�70p00 24 Y 26.960 33.3 7.1 1102 0.10 2024 8.4 t "`t': 7`¢1�:� �.y rx,; -"-. ;e -_c, �1 -°� ty������ '� `�` •`:k- ;� �a �9` - r. '�� ; . `g _ > •`� 12 0700 24 Y 29.310 33.6 7.5 1621, 0.10 3667 7 8.3 Emm 14' 0700 24 N 29,210 32.5 7.3 1238 0.10 3898 8.5 16 0700 24 Y 30.230 30.9 7.2 759 0.10 3278 8.6 M 18 0700 24 Y 28.330 33.9 7.4 756 0.10 1890 8.6 210 24 Y 28.020 31.2 7.3 133201.10 3272 9.7 0700 � -X_^r.•� '`v !i�'�t�w��� �t --k w`�y.}'3` :5_ � 4 a 3i"�' tit l.k`nA'w'.r��5-'•" _ ka'. 4� � 'StJ'. � � of � ..� �..ft ,. .,...e��� {"�� �. S� �- 22 0700 24 N 26.620 -32.6 7.1 1337 0.10 2220 8.8 f s ., �� �. 111 "14 ';'71 . _El L 24 0700 24 Y 26.280 33.0 7.5 668 0.19 1315 8.6 �....,t ���`»•" "s.; .,. ; r " �,+ava. - F. EM -114110- .. µO700 u. L��'�^ita� a ra�4 S' `...s!vY.� t 3 - 26 24 Y 26.520 34.3 7.2 562 0.10 1769 9.9 �t1zi *�c4. �r`++iY� r `;"'n r4,.K i#SYXv'9yxit X° ?,.....- IN 9 •.aYv -_ 288 224 N 25.860 32.7 7.6(} 1087 1.60 1941 8.7 (07g00 r� +� ;ai r.55� �.� 'Si".s�t��'� ' § �4'� n 4r` � . 5. f�n"�a. i • ��-.`: S.d���'?i 4>�2�i vii. -.. x � - P ' 4: z��„�' �` 'S K 30 0700 24 N 26.160 34.1 7.0 1004 0.96 2618 8.4 y iw +ks +i"e^ea. ,1° - ' vi"i �. •Y -`-S q�:., y -:{-- - ' :(Y�'- '.�, "'X 9- � - !'�- E''' ��m„`w5' ��kt'$� Ytii '� V/� ?S'*n V�J� s� i1^��3' ..'.� 3'''v� h'�- � "r! E�,✓h.f° tu"�"Yt � '.�. Average 27.190 32.4 1043 0.27 2154 40 8.8 1.10 Minimum 25.83026.3 7.0 533 < 0.10 450 3 8.1 1.10 _u.,..F � 'G'' -r .• F � �� `r a J, b�,`.�y,;�: .� '$ .'�-� as �-i - "i• 'k:i :,� t.«' - ' '•`1 g} '} (�' �%`.•._ :Sf{:��'-.i. - �l`7i°�'- v°°x ;>�es. i4- 2� iri.�yx"_ s .`T 2+"tF� ^�. _ ;5�. .Iz?.,. ti.?,��k�F�c :'nd?En'��' ;_; & E•""�.-"Lv..'•"�.a, . =ir Monthly Limit 29,9 1 6-9 3,205 12,549 200 6.0 -r1119%11 Ink T /,-%%\> Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit monitoring requirements. Q Compliant All monitoring data and sampling frequencies do NOT meet permit monitoring requirements. 0 Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc. and a time table for improvements to be made. Fecal coliform sample for 5/27/16 was above the daily maximum value. The WWTP plant systems and Town chlorination system were checked for deficiencies. None were found and the treatment system was operating as designed. All sampling and laboratory procedures were also investigated with no findings. The regional office of NCDWEQ was contacted within 24 hours of receiving the laboratory results. Additional process testing began the following the results. Outside resources with the National Council for Air and Stream Improvement (NCASI) assisted with other suggestions for sampling. We continue to collect data and share information with NCDEQ to determine caus� - "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 manage 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." Dane Griswol Permittee (Plea print or type) Signature of P mittee"* Date 'P.O. Box C-10 Canton, NC 28716 828=646-2840 The monthly average for fecal coliform is to be reported as a GEOMETRIC mean-. Use only units designated in the reporting, facility's permit for reporting data. ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B). -if signed by other than the permittee, delegation of signatory authority must be on file with the State per 15A NCAC 26.0506 (b). Parameter Codes 00010 Temperature 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity' 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color (ADMI) 00625 Total Kjeldahl 01027 Cadmium 01105 Aluminum 00095 Conductivity Nitrogen 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 31614 Fecal Coliform 71900 Mercury 00310 BOD5 01034 Chromium 32730 Total Phenolics 81551 Xylene 00340 COD 00665 Total Phosphorus 34235 Benzene 00400 pH 00720 Cyanide 01037 Total Cobalt 34481 Toluene 00500 Total Solids 00745 Total Sulfide 01042 Copper 38260 MBAs 00530 Tot Suspended 00927 Total Magnesium 39516 PCBs Residue 00929 Total Sodium 01045 Total Iron 50050 Flow 00545 Settleable Matter 00940 Total Chloride 0,1051 Lead Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean-. Use only units designated in the reporting, facility's permit for reporting data. ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B). -if signed by other than the permittee, delegation of signatory authority must be on file with the State per 15A NCAC 26.0506 (b).