creativeinteriors

SECTION C: Findings of Facts and Conclusions of Law

1. Thomasville owns and operates a wastewater treatment facility serving the furniture company in Fluvanna County, Virginia, which is the subject of VPDES Permit No. VA0071692. The facility discharges treated wastewater to the Rivanna River in the Middle James River basin.

2. In March 1997 this facility began to experience periodic seasonal difficulty complying with the Permit's effluent limitations for pH, TRC, BOD and TSS.

3. DEQ issued Notice of Violation No. W2000-10-V-0002 on November 1, 2000, to Thomasville for the following apparent violations occurring during the period March 2000 through July 2000:

July 2000
Exceedance of total chlorine number of exceptions limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

May 2000
Exceedance of BOD average concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).
Exceedance of total chlorine number of exceptions limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

April 2000
Exceedance of BOD maximum loading, average concentration, and maximum concentration limitations in violation of Part I of the Permit and 9 VAC 25-31-190 (A).
Exceedance of TSS average concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

March 2000
Exceedance of BOD average concentration and maximum concentration limitations in violation of Part I of the Permit and 9 VAC 25-31-190 (A).
Exceedance of total chlorine number of exceptions limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

4. DEQ issued Letter of Noncompliance No. 98-VRO-11-015 on November 20, 1998, to Thomasville for the following apparent violations occurring in July and August 1998 in violation of Part I of the Permit and 9 VAC 25-31-190 (A):

August 1998
Exceedances of pH minimum concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).
Exceedance of total chlorine number of exceptions limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

July 1998
Exceedances of pH minimum concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

5. DEQ issued Letter of Noncompliance No. 98-07-VRO-34 on August 17, 1998, to Thomasville for the following apparent violations occurring during the period May and through June 1998 in violation of Part I of the Permit and 9 VAC 25-31-190 (A):

June 1998
Exceedances of pH minimum concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).
Exceedances of Chlorine Instantaneous Residual (Maximum) Technical concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

Late submittal of the June Discharge Monitoring Report in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

May 1998
Exceedances of pH minimum concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

6. DEQ issued Letter of Noncompliance No. 97-7-VRO-25 on August 11, 1997, to Thomasville for the following apparent violations occurring during June 1997 in violation of Part I of the Permit and 9 VAC 25-31-190 (A):

June 1997
Exceedance of BOD average concentration and maximum concentration limitations in violation of Part I of the Permit and 9 VAC 25-31-190 (A).
Exceedance of TSS average concentration limitations in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

7. DEQ issued Letter of Noncompliance No. 97-6-VRO-10 on June 30, 1997, to Thomasville for the following apparent violations occurring during May 1997 in violation of Part I of the Permit and 9 VAC 25-31-190 (A):

May 1997
Exceedance of TSS average concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

8. DEQ issued Letter of Noncompliance No. 97-5-VRO-02 on May 28, 1997, to Thomasville for the following apparent violations occurring during April 1997 in violation of Part I of the Permit and 9 VAC 25-31-190 (A):

April 1997
Exceedance of BOD average concentration limitation in violation of Part I of the Permit and 9 VAC 25-31-190 (A).
Exceedance of TSS average concentration and maximum concentration limitations in violation of Part I of the Permit and 9 VAC 25-31-190 (A).

9. In May 1999, Thomasville took action to try to bring the Facility into compliance by dredging solids from the treatment system�s lagoon. (where did it get dumped?)

10. On November 7, 2000, DEQ met with Thomasville to discuss the resolution of the ongoing violations. At the November 7, 2000, meeting, DEQ requested that Thomasville submit a compliance plan and schedule to address the above-noted violations and deficiencies, and to return the Plant to compliance with all the Permit requirements.

11. On December 15, 2000, DEQ received a P.E.R. for upgrade to the chlorination system. The P.E.R. was conditionally approved by VDH on December 28, 2000.

12. On February 5, 2001, DEQ received a plan and schedule of corrective actions to bring the facility into compliance with the permit. Portions of this plan have been incorporated into Appendix A of this Order.

13. On February 5, 2001, DEQ received the plans and specifications for the Phase I improvements to the chlorination/dechlorination treatment at the Facility.

14. On March 21, 2001, DEQ received a P.E.R for Phase II Plant improvements to meet BOD and TSS Permit limitations.

SECTION D: Agreement and Order

Accordingly, the Board, by virtue of the authority of Va. Code '62.1-44.15(8a) and (8d), orders and Thomasville agrees that:

1. To remedy the violations described above and bring the Facility into compliance, Thomasville shall perform the actions described in Appendix A to the Order.

2. During the estimated two years= interim during which the plant improvements will be completed, Thomasville will operate the STP in a workmanlike fashion so as to produce the best quality effluent that the facility is capable of producing.

3. Within 30 days of the effective date of this Order, Thomasville shall pay a civil charge of $2,000 in settlement of the violations cited in this Order.

AThomasville@ means Thomasville Furniture Industries, Inc., a Delaware corporation licensed to do business in Virginia, which owns and operates the wastewater treatment plant referenced in the Permit now called the Creative Interiors facility, a division of Thomasville.

APermit@ means Virginia Pollutant Discharge Elimination System Permit No. VA0071692, which was issued September 17, 1996 and which expires September 17, 2001. (They receive the permit September of 96 and the plant has been faulty from April 97(ONLY 6 months old) to the present!!! Those poor folks that live and use the Rivanna down river.