NC0000272_NOV-2021-FK-0002 & NOV-2021-SS-0022_20220103

DocuSign Envelope ID: 455AD4EF-03B8-459B-9F75-E9AEO3AE64B7
R.OY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NORTH CAROLINA
Environmental Quality
January 3, 2022
Pactiv LLC
Attn: Steven Karl, Manager
1900 W. Field Court
Lake Forest, IL 60045
Return Receipt # 7017 1070 0000 1776 4310
Pactiv Evergreen — Canton Mill
Attn: John McCarthy, General Manager
175 Main Street
Canton, NC 28716
Return Receipt # 7017 1070 0000 1776 4686
SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
Pigeon River Fish Kill — Canton Mill WWTP
NOV-2021-FK-0002, NOV-2021-SS-0022 (Incident #202102269)
Cause or Permit Any Waste Discharge in Violation of Water
Quality Standards
Unlawful Discharge of Oils or Other Wastes
Permit Condition Violation — Failure to Implement BMPs
Stream Standard Violation — Removal of Best Usage
Haywood County
Response deadline: February 3, 2022
Dear Mr. McCarthy:
On November 23, 2021, Tim Heim from the Asheville Regional Office (ARO) of the Division of Water
Resources (DWR) received a call from Mr. Tracy Willis (Pactiv Evergreen Canton Mill WWTP ORC)
stating that trace amounts of foam were being observed downstream of Outfall 001 in the Pigeon
River, a Class C water in the French Broad River Basin. No other water quality impacts were reported
at that time. On November 24, 2021, a subsequent e-mail communication described the Tall -Oil -
Making Process equipment and/or Pine Weak Liquor Storage Tank as the likely source of the "soap"
(tall oil). Canton Mill environmental staff also reported observing dead fish downstream of Outfall
001. The total number of dead fish observed was reported to be approximately 25 in the 5-day
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North Carolina Department of Environmental Quality 1 Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

DocuSign Envelope ID: 455AD4EF-03B8-459B-9F75-E9AEO3AE64B7
Pigeon River Fish Kill — Canton Mill WWTP
NOV-2018-FK-0002, NOV-2021-SS-0022
Page 2 of 3
follow-up report submitted on December 6, 2021. The Canton Mill WWTP also reported 3 days of
daily maximum BOD5 exceedance at Outfall 001 which coincided with the event.
A site visit by ARO staff confirmed dead fish below the Outfall 001 discharge point that extended
approximately six miles downstream.
As a result of the investigation, the following violations were identified:
VIOLATIONS:
I. Cause or Permit Any Waste Discharge in Violation of Water Quality Standards — G.S. 143-
215.1(a)(6) states that no person shall cause or permit any waste, directly or indirectly, to be
discharged to or in any manner intermixed with the waters of the State in violation of the water
quality standards applicable to the assigned classifications.
II. Unlawful Discharge of Oils or Other Wastes: Fresh Surface Water Quality Standards for Class C
Waters - 15A NCAC 02B .0211 (12) - Oils, deleterious substances, or colored or other wastes: only
such amounts as shall not render the waters injurious to public health, secondary recreation, or to
aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the
waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious
substances, or colored or other wastes shall include substances that cause a film or sheen upon or
discoloration of the surface of the water or adjoining shorelines, as described in 40 CFR 110.3(a)-
(b), incorporated by reference including subsequent amendments and editions.
III. Conditions of Best Usage - 15A NCAC 026.0211 (2) — The discharge event resulted in a violation of
Title 15A North Carolina Administrative Code 02B .0211 (2) which requires that "The waters shall
be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses on either a
short-term or long-term basis shall be considered to be violating a water quality standard."
IV. Permit Condition Violation, A. (6.) Best Management Practices (BMP) Special Condition — Permit
condition A. (6.) requires implementation of BMPs specified in the subject NPDES permit. The
reported circumstances of the tall soap release and subsequent introduction into the wastewater
system indicate a failure to implement multiple BMPs.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by February 3, 2022. Your response
should be sent to this office via email to [e-mail] and include the following:
Please submit the following documents for review:
1. Please provide a written explanation of how this incident occurred. At a minimum, please provide
the date and time the discharge occurred, the estimated volume of discharge, and the type of

DocuSign Envelope ID: 455AD4EF-03B8-459B-9F75-E9AEO3AE64B7
Pigeon River Fish Kill — Canton Mill WWTP
NOV-20 18-FK-0002, NOV-2021-SS-0022
Page 3 of 3
chemical discharged. Please also provide a summary of the actions taken once the discharge was
discovered.
2. Please explain the steps that will be taken to avoid any future discharges to the river including, but
not limited to, secondary containment, spill prevention plans, signage, staff training, review of
event trigger, etc.
3. Please provide an electronic version of all records required in Section C. 2. of the subject NPDES
permit.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Resources regarding these issues and any
future/continued violations that may be encountered. Your above -referenced response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are subject to
a civil penalty assessment of up to $25,000.00 per day for each violation.
Should you have any questions regarding these matters, please contact Tim Heim at (828) 296-
4665 or [e-mail].
Sincerely,
-DocuSigned by:
�7E617A38285848C...
G. Landon Davidson P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Ec: Chuck Cranford, Environmental Manager — Pactiv Evergreen
NPDES Central File