May 2009 Contested Case Petition

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00305200903137
Summary
Petition for a Contested Case Hearing: Ashland, Inc. v. DWQ
Received 05/07/2009 via Letter
Legal issue for Mary Penny Thompson
Issued 05/04/2009 by Benne C. Hutson of McGuire Woods, LLC
* * For Recipient Use Only
To
Date: -/-/
Please: Prepare a reply for my signature and return to me.
Reply, noting the letter was referred to you by me.
Prepare a reply for the Governor's signature and return to me.
Reply, noting the letter was referred to you by the Governor.
For your information.
Take appropriate action
Note and file.
Note and return to me.
Note and see me about this.
Your comments and/or recommendations.
*Copy to Secretary's Office
Remarks
http://ibeam-enr,state.nc,us/os/dts/print.do?dispatch=crsdProfile&id=3137 5/7/2oo9

McGuireWoeds LLP
201 North Tryon Street
P.O. Box 31247 (282.31)
Charlotte, NC 28202
Phone: [phone]
Fax: [phone]
www.mcguirewoods.com j
Benne C. Hutson
Direct: 704.343.2060
WGUIREWOODS
VIA FACSIMILE & FEDERAL EXPRESS
Office of Administrative Hearings
Attention: Clerk's Office
1711 New Hope Church Road
Raleigh, North Carolina 27609
Re: Ashland, Inc, v. North Carolina Department of Environment
and Natural Resources Division of Water Quality
Dear Sir or Madam:
dam*
MAY 7 2009
O
WD
comirecr Fax: [phone]
I have attached for filing a Petition for Contested Case in the above matter. I will also be
sending by Federal Express the original and two copies of the same. Please return to us in the
enclosed self-addressed, stamped envelope a file -stamped copy of this Petition.
By copy of this letter I am serving a copy of this Petition on Mary Penny Thompson, Process
Agent for the Respondent.
If you have any questions, please call me.
Enclosures
cc: Mary Penny Thompson
18979192.1
Sincerely,
McGuireWoodsLLP
C,
Benne C. Hutso

NORTH CAROLINA
MECKLENBURG COUNTY
ASHLAND, INC.,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
IN THE OFFICE OF
ADMiNISfRAFIVE HEARINGS
CASE NUMBER
PETITION FOR CONTESTED CASE
Pursuant to N.C. Gen. Stat. § 150B-23, Petitioner, Ashland, Inc. ("Ashland"), files this
Petition for Contested Case ("Petition"), and, in support of this Petition, alleges the following:
1. Ashland is a Kentucky corporation which conducts business through its division,
Ashland Distribution, at 3930 Glenwood Drive, Charlotte, North Carolina (the "Charlotte
Facility").
2. Respondent North Carolina Department of Environment and Natural Resources,
Division of Water Quality ("DWQ") is an agency of the State of North Carolina with authority to
enforce the laws and regulations governing discharges of stormwater to surface waters.
3. On or about April 3, 2009, DWQ issued to Ashland National Pollutant Discharge
Elimination System Permit No. NCS0003I5 (the "Stormwater Permit") allowing Ashland to
discharge stormwater from the Charlotte Facility to receiving waters designated as the City of
Charlotte Municipal Separate Storm Sewer System ("MS No. 4") and Stewart's Creek, a Class C
Stream in the Catawba River Basin in accordance with the discharge limitations, monitoring
requirements and other conditions set forth in the Stormwater Permit.
4. Part 11 Section B of the Stormwater Permit, which is entitled "Analytical
Monitoring Requirements," requires Ashland to perform semi-annual sampling of stormwater
from every discharge outfall at the Charlotte Facility with samples to be analyzed for six
different parameters with such sampling to be compared to benchmark values for each
parameter. In addition, Part 11 Section B of the Permit requires Ashland to take specific actions
in the event that a sampling result.is above a benchmark value for one sample and to take
additional actions in the event that a sampling result is above a benchmark value for two
consecutive samples.
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