NC0006564_LV20150186_20150910

$750.00 3 of the 3 violations of 143-215.1(a)(6) and NPDES Permit No.NC0006564, by discharging waste
water into the waters of the State in violation of the Permit Daily Maximum for FEC COLI.
$0.00 0 of the 1 violations of 143-215. l(a)(6) and NPDES Permit No.NC0006564, by discharging waste
water into the waters of the State in violation of the Permit Daily Maximum for TSS - Qty Daily.
$750.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
$909.26 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. 14313-282.1(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 p a --y- m-- ent 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 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.-
NPDES
f:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-16.17

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 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 th' (irt (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:
NPDES Compliance/Enforcement Unit
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 hour's 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 byNCGS §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 DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center '
- - ----------- —=---------------------------------- ---Raleigh,-North--Carolina-27699-160-1 -- ----
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 [phone] or via email at [e-mail].
Sincerely,
G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional'-Office - -
Division. of Wat& Resources, NCDENR
ATTACHMENTS
Cc:' WQS Asheville Regional Office' Enforcement File (w/attachments)
NPDES Coinpliance/Enforcement Unit = Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
GtWR\WQ�McDowell\WastawateNndustrial\Baxter 06564%LV-20.5-0186 rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2015-0186 County: McDowell
Assessed Party: Baxter Healthcare Corporation
Permit No.: NC0006564 Amount Assessed: $909.26
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 violations) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1,43B -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. 14313-282.1(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 (Le., explain the
steps that you took to correct the violation and prevent future occurrences);
--------- - - --- - - - - - --- - -- - - -- - ---- ----- -- - - - - - - -- - - -- -- - - ---- — - -
T (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;
r
(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
COUNTY OF MCDOWELL
DEPARTMENT OF ENVIRONMENT -
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
BAXTER HEALTHCARE CORPORATION - - ---
BAXTER HEALTHCARE CORPORATION WWTP )
PERMIT NO. NC0006564 ) CASE NO. LV -2015-0186
Having been assessed civil penalties totaling $909.26 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 10, 2015, 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
f
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
I
Baxter Healthcarre Corporation
CASE NUMBER: LV -2015-0186
i
PERMIT: NC0006564 FACILITY: Baxter Healthcare Corporation COUNTY: McDowell REGION: Asheville
e
Limit Violations
$0.00 5-2015 001 Effluent
TSS - Qty Daily 5/8/15 3 X week lbs/day 417 478
14.6 Daily Maximum Exceeded
MONITORING
OUTFALL /
VIOLATION
i
UNIT OF
CALCULATED
% OVER
PENALTY
- REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$250.00
5-2015
001
Effluent
FEC COLI
5/4/15
3 X week
#/100ml
400
600
50.0
Daily Maximum Exceeded
$250.00
5-2015
001
Effluent
FEC COLI
5/5/15
3 X week
#/100ml
400
600
50.0
Daily Maximum Exceeded
$250.00
5-2015
001
Effluent
FEC COLI
5/6/15
3 X week
#/100ml
400
600
50.0
Daily Maximum Exceeded
$0.00 5-2015 001 Effluent
TSS - Qty Daily 5/8/15 3 X week lbs/day 417 478
14.6 Daily Maximum Exceeded

A ,
JUL 1-62, EFFLUENTr„
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NPDES PERMIT NO. NC0006564 DI$ A t C("�.,, !NAkWft: May YEAR: 2015
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FACILITY NAME: BAXTER HEALTHCARE CORPORATION nil) l LASS: III COUNTY: cDowell
CERTIFIED LABORATORY (1) Baxter'Wastewater Lab D IFICATIO NO. NCO0935
(list additional laboratories on the backside/page 2 of this form), t `�
OPERATOR IN RESPONSIBLE CHARGE (ORC): STEPHEN 'TA . ' R I ZGRADE: IV .SRT ATION NO. 12743
PERSON(S) COLLECTING SAMPLES: stephen Taylor, Bryan Moody, JohA Nig
CHECK BOX IF ORC HAS CHA C E�
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ATTN: CENTRAL FILES ,J U L 01 2 15 x
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}` Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements F-1 (including weekly averages, if applicable)
Compliant
`
All monitoring data and sampling frequencies do NOT meet permit requirements F7
Noncompliant
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.
"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."
J. Alan Weiler
Permittee (Please print or type)
Si ature'of Permittee*** Date
(Required unless submitted electronically) _
PO BOX 1390, Marion NC 28752 828-756-6618 January 31st, 2015
Permittee Address - Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2) Pace Analytical (Asheville Lab) Certification No.
Certified Laboratory (3) Pace Analytical (Hiintersville Lab) Certification No.
Certified Laboratory (4) Environmental Testing Solutions, Inc. Certification No.
Certified Laboratory (5) Meritech Inc. Certification No.
PARAMETER CODES
„ NC00030
NC00014
NCO1230
NCO27
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.u5/)ygs and linking to the unit's information pages.
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 DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
*** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
Page 2

er
29 June, 2015
Division of Water Quality
NCDENR
1617 Mail Service Center
Raleigh, NC 27699-1617
Attention: Central Files
RE: Monthly DMR: Permit NC0006564
Baxter Healthcare Corporation, North Cove Facility
Please find the enclosed May 2015 DMR for our North Cove Facility. This report includes three data
sheets and a certification page.
Baxter recorded four exceedances during the week of 3 May. We exceeded our daily fecal coliform
limit on 4, 5, and 6 May. We also exceeded our TSS daily limit on 8 May. TSS values from 4-6 May
were high but within limits, so there were no previous indications that the fecal counts would be out of
tolerance. -
Upon discovery of the exceedance, we immediately began investigating the cause. We contacted
ARCADIS who sent a wastewater expert to assist us. We discovered that the root cause of the incident
was a non -routine release of material from the production plant which elevated our influent
- ----- -- — --- ----- -- -= _ _ -----------
is_- - - - - - -- -- - — - - - --- -- -- - — _
- -;conductivity. Th'in turn�affected our swtlling•ability and elevated our TSS. Our UV'_ isirifection was
unable to overcome the additional TSS resulting in our high fecal counts.
Consulting with ARCADIS, we began adding calcium chloride to counteract the high conductivity. We
saw an almost immediate improvement in our settling, and TSS and fecal were`well within tolerance the
following week.
We have implemented several corrective actions in order to -prevent a reoccurrence of this nature. We
increased our monitoring frequency for influent conductivity to once daily, and we continue to add
calcium chloride as needed.
If you have any questions, please call me at 828-756-6017 or email at michael pisarikAbaxter.com.
Sincerely,
Michael J. Pisarik
Sr. Environmental Engineer
Enclosures: April 2015 DMR (Original and- one copy)
Baxter Healthcare Corporation
PO Box 1390, Marion, NC 28752
T 828.756.4151

DIVISION OF WATER RESOURCES - CIVA, PENALTY ASSESSMENT (FILE)
Violator: Baxter Healthcare Corporation
Facility Name: Baxter Healthcare Corporation WWTP
P6rmit Number: NC0006564
County: McDowell
Case Number: LV -2015-0186
8 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. 1436-282.1(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;
Three Daily Max Fecal coliforms exceeded the permit limit each by 50%.
One Daily Max TSS exceeded the permit limit by 14.62%.
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;'
i
--It-does-not appear to -be -either. ---
7)
o 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.
$159.26.
69-ia.ts
Date
G. Landon Davidson, Regional Supervisor
Water quality Regional Operations Section
Asheville Regional Office, NCDENR
®.z