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HomeMy WebLinkAboutNC0000272_Response Payment LV20160252 0251_20170120at evergreen . packaging Via Certified Mail January 17, 2017 Wastewater Branch Division .of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699 Canton Office 175 Main Street • Canton, NC 28716 RECEIVEDUDEUDWR JAN 2 0 2017 Water Quaiity Permitting section Re: 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. NC 0000272 Blue Ridge Paper Products Inc. Canton Mill Case Nos. LV -2016-0252 & LV -2016-0251 Haywood County To Whom It May Concern: Enclosed, on behalf of Blue Ridge Paper Products, Inc. d/b/a Evergreen Packaging Inc. ("Evergreen"), please find two checks. One is in the amount of $366.62 representing payment of a civil penalty in the amount of $250.00 and enforcement costs -of $116.62 in Case No. LV -2016- 0251. The other check is in the amount of $616.62 representing payment of a civil penalty of $500 and enforcement costs of $116.62 in case No. LV -2016-0252. In paying the civil penalties and investigative costs, Evergreen acknowledges the discharges from its wastewater treatment plant in violation of excess of daily maximum limits. As the Division of Water Resources is aware, Evergreen treats all of the wastewater collected by the Town of Canton. Evergreen's waste stream includes little, if any, biological waste. Fecal coliform in Evergreen's discharge comes from the Town of Canton's collection system. Evergreen Packagingsubmitted information on this issue to the Division of Water Resources when the Notices of Violation were issued in September, 2016. A copy of the earlier correspondence is enclosed. Evergreen Packaging has been working diligently with the Townlo identify the source of the fecal coliform. In December, 2016, the Town hired Fiss Environmental to investigate and resolve issues. with fecal coliform in the Town's collection system. Evergreen is working in cooperation with the Town and will keep the Division of Water Resources informed on this matter. f resh by design r. Doing, Business in California as Evergreen Beverage Packaging 4 NCDWQ Page 2 Sincerely, ,Z1, g+4 Brian Satterfield EOHS Manager Evergreen Packaging — Canton Mill ATTACHMENT: Evergreen's October 26, 2016 Letter to DWR w/ Attachment cc: G. Landon Davidson Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ I evergreenTMIs packaging October 18, 2016 CERTIFIED MAIL Return Receipt Requested 7099 3220 0007 0371 4781 Canton Office 175 Main Slreel • Conlon, NC 28716 Landon Davidson Asheville Regional Supervisor Division of Water Resources North Carolina Department of Environmental Quality Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 NMM 55-16 Subject: Blue Ridge Paper Products Inc. dba Evergreen Packaging Canton Mill, Canton, Haywood County, North Carolina Notice of Violation: NOV-2016-LV-0524 & NOV-2016-LV-0526 NPDES Permit: NCO000272 Dear Mr. Davidson: This letter serves as Evergreen Packaging's (EPI) formal response to two Notices of Violation dated September 19, 2016. Copies of the NOV's are attached. Thank you for granting EPI additional time to respond to the NOV's and for speaking with me about this matter on October 7, 2016. As you are aware, EPI treats all of the wastewater from the Town'of Canton's collector sewer system pursuant to contract (the "Contract").' EPI's waste stream includes little, if any, biological waste. The Town of Canton is required to and does dose its wastewater with chlorine prior to entering the EPI wastewater treatment plant ("WWTP"). The Town has upgraded its system over the years to an automatic chlorine injection system.2 There have been issues with fecal coliform in EPI's effluent over the years and particularly since early in 2015. EPI believes the fecal coliform exceedances in its effluent result from the 1 The wastewater discharge from the Town of Canton is approximately nine hundred thousand gallons per day. Z In 2007-08, the Town added the chlorine injection system, doubling its capacity to add chlorine and constructed a flood wall to protect the system. - NCDWR Page 2 failure of the Town to adequately treat its wastewater and from characteristics of the Town's waste stream. When issues with fecal coliform arose in May of this year, EPI consulted with experts at the National Council for Air and Stream Improvement (NCASI) in an attempt to better characterize any public health concern arising out of the exceedances of the daily maximum limit. EPI collected samples and sent thein off to a certified lab to characterize the E. coli present in the fecal. The current Coliform test method screens for markers which may or may not be indicators of good water quality. Accordingly, EPI asked for the E. coli analysis as a better measure of the quality of the water being discharged.3 Multiple samples over different days were sent to Pace Analytical Laboratories. All results showed the total E. coli count to be less than that which EPA recommends for E. coli (applied to municipalities) which is 126 counts/100 mL monthly geometric mean and -410 counts /100mL daily maximum. At the request of your office, additional Coliform tests were performed both upstream and downstream of the mill and both were within the acceptable range. Additional information that has not been sent to your office but was communicated to you on October 7`" is as follows: 1. Upon receiving the first weekly fecal Coliform failure on May 27,', an investigation into the volume and make-up of flow through the town's chlorination system began. 2. Chlorine residuals were found to be depleted during two events, one when leachate was being pumped while the other appeared to be a "random event". 3. Several meetings with the Canton Town Manager and their Collection System Manager occurred discussing these findings. The Town insisted that the leachate was causing depletion of the chlorine residual. 4. EPI evaluated the effects of leachate on chlorine residual and found that the leachate had limited effect. Data was also captured that represents when no leachate is pumped and when a "random event" occurs through the town's effluent which overwhelms the existing chlorine treatment system and results in zero chlorine residuals. 5. All chlorine residuals data being captured moving forward, thus began to include the "appearance" of the sample. The reason for this was during the "random events", the effluent often appeared to be different in appearance versus typical high chlorine residual effluent. 6. EPI, because we are the permit holder, has performed the following in an effort to increase the chlorine residuals at the Wastewater Treatment Plant; a. Installed a Hypochlorite pump feed system at the Landfill operations that is designed to actuate and respond to when leachate is being pumped. EPI has the hypo injection feed rate set at its maximum feed of—400gpd. 3 The nearest laboratory that could do this analysis is located in Eden, NC. Shipping time to the lab actually exceeds the required hold time for samples, however, NCASI advised EPI the results would still be valid. NCDWR Page 3 b. At the Wastewater Treatment Plant, EPI has the Hypochlorite feed at its maximum feed rate of—400gpd. Note: Even with the additional hypochlorite feed, data has shown that this max feed rate still does not effectively and consistently maintain adequate chlorine residuals when a "random event" occurs. 7. Once EPI identified the magnitude of the "random event", EPI began contacting some of Canton's industrial users to try and identify any recent changes in discharges that may have occurred. This resulted in no additional information. 8. EPI, more specifically, Brian Satterfield, EHS Business Unit Manager for the Canton Mill, reached out to other Municipalities and compliance authorities to seek help to address these "random event" issues. 9. EPI has most recently, upon discussing with various Wastewater Treatment experts, begun the following: a. Hourly Chlorine residual data collection (The reason behind this is because on the week of, September 16d, EPI failed a weekly fecal Coliform. The chlorine residual data showed dramatic decreases in residuals over time. Collecting data every three hours does not reflect the potential of the effluent to achieve zero within that timeframe.) b. Investigating continuous Chlorine monitors. Current literature indicates that placing these monitors in a pre-treatment set-up will give false positives and would require frequent maintenance and cleaning. c. Establish testing requirements, whereby if or when a "random event" takes place which is seen via a sudden drop in the chlorine residuals, the sample will undergo a series of additional tests to better understand the makeup of these events. 10. EPI requested via a phone call to Mr. Davidson for assistance as to what, if anything else may also be included as additional preventive and/or proactive measures to address the ongoing "random events" that is being seen. 11. EPI has recently had follow-up meetings with the Town of Canton in regards to these. on- going issues and the Town has agreed to initiate a Request for Qualification (RFQ) whereby an independent expert engineer will assess their system and provide recommended corrective actions. 12. EPI has agreed to work with the Town of Canton on the RFQ to ensure that a feasible solution to the ongoing fecal Coliform issue is addressed. Given the complexity of the issue, the relationship with the Town of Canton, and the ongoing study of this issue, EPI requests that both NOV's be reconsidered and a Notice of Deficiency be issued. EPI will continue to work with the Town of Canton to identify the cause(s) of this issue and will update the Division of Water Resources on any information that is discovered. Representatives of EPI will be happy to coordinate a meeting with representatives of the Town and DWR. NCDWR Page 4 Your cooperation and assistance in this matter are most appreciated. If you have any questions or comments, please feel free to contact us at your earliest convenience. Sincerely, Nick McCracken Water Supervisor Evergreen Packaging — Canton Mill 828-646-2874 Nick.McCracken@evgMack.com cc: Mr. Tim Heim Environmental Specialist, Asheville Regional Office North Carolina Department of Environmental Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 C. File — Water Notebook P t�-T:11f-W1 (3R. li�ate�=BteFsotnrc� - �i�ucaoa�reictr� �nttr,t- - - - �.;- •3'A,�,! �II+fi>�.Rhf,t�.N Certified Mail # 7014 0510 0000 .4466 4897 Return Receipt Requested September 19, 2016 Stephen J Hutchins, General Manager Blue Ridge Paper Products Inc 175 Main St Canton, NC 28716 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0524 Permit No. NCO000272 Canton Mill WWTP Haywood County Dear Permittee: A review of the May 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 5/27/2016 400 2,420 Daily Maximum Exceeded 44.5 C (31616) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10 -day period, a civil penalty assessment may be prepared. i Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional upervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Nick McCracken/ ORC G:\WR\WQ\Naywood\Wastewater\Industrial\Blue Ridge Paper 00272\N0V•N0I-2016-LV•0524.rt( DDNA Lf? �A-.gT . �iuwu,o�w�tsu,nvgL►.s'�!- ���'�'Y .�'��d�Iaf�iiV Certified Mail # 7014 0510 0000 4466 4903 Return Receipt Requested September 19, 2016 Stephen J Hutchins, General Manager Blue Ridge Paper Products Inc 175 Main St Canton, NC 28716 SUBJECT: NOTICE OF VIOLATION & INITENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0526 Permit No. NC0000272 Canton Mill WWTP Haywood County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/2/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/9/2016 400 1,410 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/16/2016 400 435 Daily Maximum Exceeded 44.5 C (31616) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed againstany person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental *Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business dam after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the' 10 -day period, a civil penalty assessment may be prepared. Remedial actions should have .already been taken to correct this problem and prevent further occurrences in the future. The.Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E'the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements" concerning registering to use the Division's new a -DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports DMRs . Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, Regi al Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Nick McCracken/ ORC G:\WR\WQ\Haywood\Wastewater\Industrial\Blue Ridge Paper 00272\N0V-N0I-2016-LV-0526.rtf Historical Reference of Fecal Coliform based on Electronic records that were found. Date Issue Cause / Resolution 01/28/03 NOV, Fecal Coliform The probable cause of the fecal coliform violation was insufficient retention time in the Town of Canton's chlorine contact chamber. Resolution - Faulty valves requiring lengthy time for rebuilt, the town will install a plug(s) that will allow the chamber to operate normally as well as improve the notification system to Mill when system is not operating as designed. 06/26/12 Fecal Coliform Excursion Unable to determine Root Cause. 08%14/12 Fecal Coliform Excursion Unable to determine Root Cause. 11/20/12 Fecal Coliform Excursion The two breaks in the Town's chlorinated water line were preventing the incoming waste stream from getting the full necessary dose prior to entering the low lift. Both breaks were repaired. 11/27/12 Fecal Coliform Excursion The two breaks in the chlorinated water line were preventing the incoming waste stream from getting the full necessary dose prior to entering the low lift. Both breaks were repaired. 05/17/13 Fecal Coliform Excursion The construction progress on the Town's new chlorine pretreatment feed system. Evergreen continues to supplement the Town's feed at the upper manhole via a gravity fed, sodium hypochlorite tote. The feed rate of the tote has since been increased along with adjustments to the Town's chlorine feed system. 08/16/13 Fecal Coliform Excursion (NOV Canton area experienced a heavy rainfall event Issued) resulting in over two inches of rain within a 35 minute period. Flow to the wastewater treatment plant, from the town and mill, peaked at approximately 50 million gallons. In order to manage flow and protect plant operations the plant's spare primary clarifier was partially filled. After the event, flow normalized and the spare clarifier was slowly drained back into the treatment process over the next three days. This material from the spare clarifier was from the first flush of the rainfall event and believed to hold the most concentrated waste. 2/20/14 'Fecal Coliform Excursion Unable to determine Root Cause. 2/28/14 Fecal Coliform Excursion Unable to determine Root Cause. 06/05/14 Fecal Coliform Excursion It was believed that the Secondary Effluent and Primary Effluent samples on 6/5 were swapped and that the mill continued to be in compliance with permit limits at that time. 12/30/14 Fecal Coliform Excursion The likely explanation is limited to a significant rain event that occurred the previous day. This event deposited — 0.40" of rain, in the Canton area, over a period of approximately 6 hours. Historically, increased flow and fecal loading from the Town, to the treatment plant, has been observed during similar rainfall events. 5/27/16 Fecal Coliform Excursion (NOV- Investigation has revealed that there is an event Pending) taking place during normal flows within the town's system that is depleting the excessive use of both hypo and chlorine treatment being used. 6/02/16 Fecal Coliform Excursion (NOV- Investigation has revealed that there is an event Pending) taking place during normal flows within the town's system that is depleting the excessive use of both hypo and chlorine treatment being used. 6/09/16 Fecal Coliform Excursion (NOV- Investigation has revealed that there is an event Pending) taking place during normal flows within the town's system that is depleting the excessive use of both hypo and chlorine treatment being used. 6/16/16 Fecal Coliform Excursion (NOV- Investigation has revealed that there is an event Pending) taking place during normal flows within the town's system that is depleting the excessive use of both hypo and chlorine treatment being used. 9/16/16 Fecal Coliform Excursion Investigation has revealed that residuals dropped to zero when leachate was pumped even when additional hypo was added at the land fill. Time was allotted to achieve 10 residuals again and then samples were collected. Leachate pumping was minimal. Still believe a slug event occurred within the town's system that contributed to the reading as all other Hypo systems was on full. TOWR Of Chinn - Grab Sample Tat3l Qslotjc a Resfduafs n!! I _ _ I APA--" I P—P fined Atter No Leachate pumping over the weekend. Chlorine residuals dropped from 10 to 2. Measurements taken every hour. Color observed to change from "cloudy" to "Blackish". EPI cannot confirm if residuals dropped below 2 without having a continuous real time monitor. This is but one of many examples EPI is experiencing in the current treatment of incoming Town material.