EPA v. EVERGREEN PACKAGING SITE - BLUE RIDGE PAPER PRODUCTS, LLC

Case summary

OCTOBER 24, 2023 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION The Evergreen Packaging Site operated as an integrated pulp and paper mill between 1908 through June 2023, at which time manufacturing operations at the Site were permanently shutdown. Respondent continues to operate the wastewater treatment plant at the site to treat domestic wastewater from the Town of Canton, stormwater from the site, and leachate piped from an industrial solid waste landfill located approximately 2 miles northeast of the Site. The Site is located on over 200 acres and is bisected by the Pigeon River. Most of the former production areas are located on the east side of the Pigeon River. The west side of the river is used for chip storage, warehousing, and for the wastewater treatment plant. In March 2023 EPA Region 4 was notified by a citizen that there were ongoing releases from the Site into the Pigeon River. After consulting with North Carolina Department Environmental Quality (NCDEQ) and Respondent, EPA confirmed that a release of black liquor from the Site to the Pigeon River had been previously reported by both Champion International, which was subsequently acquired by International Paper Company and Respondent to NCDEQ. The seep of #6 fuel oil from the Site to the Pigeon River had been previously reported by Respondent to NCDEQ. Both the reported seeps remain open and active incidents at NCDEQ. Fuel oils were stored at the Site and were used to heat boilers and kilns as part of the paper making process and as an energy source for mill operations. An observable seep of black liquor to the Pigeon River was first reported to NCDEQ by Champion, the former owner of the Mill, in 1994. A series of site assessments were conducted by Champion to assess impacts to groundwater and Champion also installed a network of monitoring and recovery wells at the Mill. When Champion sold the Mill in 1999, Champion retained certain obligations and liabilities associated with the black liquor seep. While attempts to recover black liquor in the groundwater were eventually abandoned, International Paper, which purchased Champion in 2000, has been conducting semiannual monitoring at the Mills existing well network since 2007. Removal Site Evaluation: On March 24, 2023, the NCDEQ?s Hazardous Waste Program referred the Site to EPA Region 4 to conduct a Removal Site Evaluation (RSE) due to the occurrences/observations of #6 fuel oil and a black liquor seeps impacting the Pigeon River. EPA Region 4 reviewed recent sampling analytical results from the seeps at the Site and determined that releases of #6 fuel oil and black liquor pose a threat to public health and the environment, and in the RSE, EPA recommended the Site for a time-critical removal action. Interim Investigation and Removal Actions Undertaken to Date: Prior to the Effective Date, Respondent initiated various interim activities related to the fuel oil and black liquor seeps under the oversight of NCDEQ, including the activities listed below. Respondent excavated and tested soil in and around an existing fuel oil delivery line to exclude the delivery line as a potential source of the seep.

Defendants (1)

• BLUE RIDGE PAPER PRODUCTS, LLCNamed in settlement

Facilities (2)

• BLUE RIDGE PAPER PRODUCTS LLC

  175 MAIN ST, CANTON, NC, 28716

  Registry ID: 110009846480

• BLUE RIDGE PAPER PRODUCTS LLC

  175 MAIN ST, CANTON, NC, 28716

  Registry ID: 110009846480

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• EVERGREEN PACKAGING SITE - BLUE RIDGE PAPER PRODUCTS, LLCentered 2023-10-24

  Primary law: CERCLA

Timeline (2 milestones)

• 2023-10-24Final Order Issued
• 2023-11-29Enforcement Action Data Entered