NC0000272_LV-2019-0121_20190710

evergreen,* Canton Office
PO Box 4000 • Canton, NC 28716
packaging
CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 3090 0001 6626 2740
July 10, 2019
Director of Division of Water Resources
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
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. dba Evergreen Packaging/Canton Mill
Case No. LV-2019-0121 Haywood County
Dear Ms. Linda Culpepper:
Evergreen Packaging is in receipt of your letter of June 10, 2019 assessing a civil penalty
and enforcement costs for a fecal coliform violation on July 24, 2019. On May 14, 2019,
Evergreen sent you a letter describing the circumstances that gave rise to the violation. As you are
aware,the Town of Canton discharges its wastewater to Evergreen's Wastewater Treatment Plant.
The Town is supposed to disinfect/chlorinate its wastewater prior to discharging to the Evergreen
system; however, the system the Town had in place in July 2018 did not have sufficient capacity
or retention time to disinfect the waste. Accordingly, the Town of Canton's wastewater was not
properly disinfected on that day prior to discharging to Evergreen's Wastewater Treatment Plant.
Evergreen does not contest that the violation occurred. The violation mainly resulted from
the Town of Canton's failure to disinfect its wastewater.
Evergreen requests remission of the civil penalty. In support of its request for remission,
Evergreen has completed and encloses with this letter, the "Request for Remission of Civil
Penalties / Waiver of Right to an Administrative Hearing and Stipulation of Facts" and the
"Justification for Remission Request. "

evergreen*
Canton Office
PO Box 4000• Canton, NC 28716
packaging
Evergreen appreciates your consideration of its request.
Sincerely,
bx j 1't ,0,ip, V.4(
Wallace McDonald
General Manager Canton&Waynesville Operations
cc: Landon Davidson,NCDEQ - DWR
Town of Canton

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIONMENTAL 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
PERMIT NO.NC0000272 CASE NO. LV-2019-0121
Having been assessed civil penalties totaling$469.59 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated June 10, 2019, 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 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 10 day of July , 2019
,it.fli� f
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SIGNATURE
ADDRESS
Blue Ridge Paper Products Inc
175 Main Street
Canton,NC 28716
TELEPHONE
828-646-2000

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0121 County: Haywood
Assessed Party: Blue Ridge Paper Products Inc.
Permit No.: NC0000272 Amount Assessed: $469.59
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
for Remission of Tight 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 this 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 of 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).
_X_ (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).Fecal coliform has a short life and likely dissipated before Blue Ridge Paper
was aware of the exceedance. Blue Ridge Paper has worked and continues to work with
the Town of Canton to address the fecal coliform issue originating in the Town of Canton.
(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). The violation resulted
from the failure of the Town of Canton to disinfect its wastewater prior to discharging to
Blue Ridge Paper's Wastewater system.
(d) The violator has not been assessed civil penalties for any previous violations. Blue Ridge
Paper has been assessed civil penalties for other fecal coliform violations resulting from
the failure of the Town of Canton to disinfect its wastewater.
(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). Remaining necessary remedial actions,
operating and maintaining a consistent system to disinfect wastewater,is the responsibility
of the Town of Canton.

EXPLANATION:
• The duration of the permit exceedance was short-lived(less than 1 day);
• No adverse impact to the receiving waters, i.e. Pigeon River due to this exceedance;
• There was no cost to rectify the damage;
• Blue Ridge Paper Products Inc did not save any money as a result of the non-compliance;
• The violation was not willful or intentional and resulted from factors over which Blue
Ridge Paper Products has little or no control;
• Blue Ridge Paper Products Inc has an otherwise excellent compliance record with the
Division of Water Resources.