WQ0000762_DV-2018-0012_20180418

RECEIVED/DENR/DWR
April 11, 2018 APR 18 2018
Water Resources
NC DEQ/DWR/ND Permitting Section Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Enforcement Case File No DV-2018-0012
Permit No. WQ0000762
Culp Ticking Facility
Guilford County
Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of
Facts
Culp, Inc. submits this letter in support of its request for remission of The Division of Water Quality
assessment of a civil penalty against the Culp Ticking facility related to a release of mixture of
stormwater and treated, nonhazardous, recyclable wastewater arising out of an act of vandalism which
occurred on December 20,2017 ("Assessment"). The Assessment dated March 13, 2018 assessed a
$6,500 civil penalty(plus$1,471.45 additional investigation costs),which was received by Culp on March
19,2018 This request for remission is timely submitted. Also attached please find the DEQ forms (1)
"Request for Remission of Civil Penalties,Waiver of Right to an Administrative Hearing and Stipulation of
Facts;" and (2) "Justification for Remission Request."
The following information is intended to support the responses included on the form "Justification for
Remission Request".
I. Additional Facts Not Recited in the Assessment
The release occurred on December 20, 2017 when someone breached the Culp Home Fashions security
fence to loosen bolts fastening a valve flange and opened the valve, causing a release from within the
secondary containment structure associated with the evaporator system. The release was a mixture of
stormwater and treated, nonhazardous, recycled wastewater. The release of treated wastewater
resulted in a momentary impact to the stream. No environmental damage was found. The presence of
diminished values of dissolved oxygen in the stream was limited to a very short period of time. The
non-hazardous mixture in the secondary containment area had developed bacterial growth,which in
turn discolored the water.
It seems the Division received word of the release to the small stream even before Culp independently
discovered the release. Culp Home Fashions conducts daily routine inspections of the waste water
system The actions taken by Culp, Inc.were both prompt and successful in abating the impact to the
stream This was the first time Culp experienced any vandalism or security breach at the secondary
containment area.
Culp promptly undertook and completed all remediation actions. Immediately following Culp's
discovery of the release, a remediation contractor began collecting water from the small stream into
which the release had flowed This collection continued until there was no further evidence of impacted
water. During the collection process,fresh water was released into the stream to flush any
contaminants to the collection area. Sampling has confirmed that the extent of an impact to water
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quality in the stream was minor. (Turbidity in the stream was reduced from 148.3 NTU at 3:30 pm on
December 20, 2017 to 15.7 NTU at 8 pm. During the same period, pH fell from 8.32 to 6.73 SU,well
within typical discharge limits set by DEQ.)
Subsequent corrective actions included placing a new locking valve on the release point from the
earthen secondary containment serving the evaporator In the past, during heavy rains, rainwater
entered the earthen berm basin from normal flow. Wastewater did not flow into the earthen basin
from the evaporator during normal operation, absent malicious acts. Plans are underway to upgrade
the existing earthen berm to a larger concrete berm with a pump to return any water entering the new
concrete berm back to the treatment system. The new berm system will not include any discharge
outlet We are also consulting with a specialist to review potential remedial actions.
Following a meeting with NCDEQ staff members to discuss permit requirements for all identified
improvements, an application is being prepared to amend Permit No.WQ0000762 to include the new
concrete berm as part of the regulated treatment system.
Separately,fencing will be extended to completely close the area around outdoor equipment. All valves
have been equipped with locking mechanisms,and security cameras will be installed.
II.Justification for Remission
Culp requests remission of the$6,500 penalty for the following reasons.
A. One or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
were wrongfully applied to the detriment of Culp.
Sampling demonstrated that only dissolved oxygen and turbidity were affected by the vandalized
release of the mixture of stormwater and treated, nonhazardous, recyclable wastewater. Sampling also
demonstrated that the effects of this release on the unnamed tributary lasted for less than eight hours
There was no damage to flora or fauna The degree and extent of harm, as well as duration and gravity
of the violation and the effect on surface water quality was extremely limited
Upon its independent discovery of the release, Culp promptly acted. It stopped the release, blocked
the valve and then called its emergency response contractor, who flushed the unnamed tributary
with fresh water. No money was saved by Culp as a consequence of this act of vandalism,which caused
the discharge of the stormwater/treated recyclable wastewater. This non-compliant discharge was
neither willful nor intentional,and Culp did not make an outlet into State waters,as the outlet was
made by the vandals.
Culp makes a concerted effort to maintain compliance with programs over which the Environmental
Management Commission has regulatory authority. Culp h,as no prior record of wastewater-related
fines.
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B. Culp promptly abated continuing environmental damage resulting from the
violation.
Culp, immediately controlled the release as soon as it was discovered,and promptly acted to
successfully reduce the impact of the release upon the unnamed tributary.
The release of treated, non-hazardous wastewater resulted in a short-lived impact to the stream No
environmental damage was detected. Diminished values of dissolved oxygen in the stream was limited
to a very brief period of time.
Culp has since acted promptly to prevent future occurrences, including(1)the repair of existing fencing,
(2)the initiation of plans to install additional fencing to prevent further access to the waste treatment
area by intruders, (3) plans to install of video cameras, (4)the hose serving the evaporator sump pump
has been reconnected, (5)the installation of locks on all valves, and (6)the preparation of plans to add a
concrete secondary containment system with no built in outlet pipe feature which could be exploited by
vandals. Note that the improvement of the secondary containment structure will require a modification
to the existing permit,so this action cannot be completed until approval is obtained.
Further note that stormwater/wastewater within the secondary containment area could not have been
discharged into the stream without the malicious actions of a third party.
C. The release was inadvertent and the result of a determined intruder.
All available evidence indicates that the release was the result of a direct action by a third party. The
violation was inadvertent and not the result of an accident. However,the release was not within the
control of Culp, Inc. and the release was due to vandalism.
D. Culp has not been assessed civil penalties for any previous violations.
Culp has not been assessed a civil penalty for any wastewater related violation at any time.
* * *
Culp, Inc. appreciates the assistance and support provided by the NC DEQ during the events identified in
the "Assessment of Civil Penalties for Violations". Culp contends that the violations noted were due to
the specific action of an intruder and that the assessment of monetary penalties to Culp are not
consistent with the intent of the regulation We as that the penalties be reviewed under the guidelines
included in the regulations and all due consideration be given to the remission of these penalties.
Sincerely,
CULP, INC.
ej")/ /07//liz----
Chris Miles
Culp, Inc. Safety and Environmental Manager
Cc: Sherri V. Knight—Regional Supervisor,Winston-Salem Regional Office
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STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF GUILFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CULP,INC. )
PERMIT NO.WQ0000962 ) FILE NO,DV-2018-0013
Having been assessed civil penalties totaling $7,971.45 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, March 13, 2018, 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 thirty
(30)days from the receipt of the notice of assessment.
This the I I day of v 'J'"v l ,2018.
Signature
ADDRESS
Ifs' 2.3 ia5;-clneSit.v Dr,
lth c_ g(95
TELEPHONE
-354 - aS9 - 1(4,\

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2018-0013 County: Guilford
Assessed Party: Culp,Inc.
Permit No.: W00000962 Amount assessed:$7,971.45
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 determining your request for remission. Please be aware
that a request for remission is hrmted 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. By law [NCGS 133-215.6A(f)] remission of a civil
penalty may be granted when one or more of the following five factors applies. 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).
v (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner(the assessment factors are included
in the attached penalty matrix and/or 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: S e ._ e *-