Document DGMyZy1xKjMx7Yd6Vyv5QqY0d

EXPEDITED SETTLEMENT AGREEMENT Docket Number: CWA-01-2025-0030, NPDES PERMIT No. NHR053211 AJ Nonwovens - Hampton, LLC ("AJ Nonwovens") of Hampton, New Hampshire ("Respondent") is a "person," within the meaning of Section 502(5) of the Clean Water Act (the "Act"), 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. Attached is an "Expedited Settlement Worksheet" ("Settlement Form"), which is incorporated by reference. By its signature, Complainant ("EPA") finds that Respondent is responsible for violating Section 301(a) of the Clean Water Act, 33 U.S.C. 1311, by failing to fully comply with the terms and conditions of the 2021 Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity, during the time frame described in the Settlement Form. EPA finds, and Respondent admits, that EPA has jurisdiction over this matter pursuant to Section 309(g) of the Act, 33 U.S.C. 1319(g), and 40 C.F.R. Part 22. Respondent neither admits nor denies the specific factual allegations in the first two paragraphs of this Expedited Settlement Agreement ("Agreement"). EPA is authorized to enter into this Agreement under the authority vested in the Administrator of EPA by Section 309(g)(2)(A) of the Act, 33 U.S.C. 1319(g)(2)(A), and by 40 C.F.R. 22.13(b). EPA and AJ Nonwovens (together, the "Parties") enter into this Agreement to settle the civil violations alleged in this Agreement for a penalty of $18,704. Respondent consents to the assessment of this penalty and waives the right to: (1) contest the findings specified in the Settlement Form; (2) a hearing pursuant to Section 309(g)(2) of the Act, 33 U.S.C. 1319(g)(2); and (3) appeal pursuant to Section 309(g)(8), 33 U.S.C. 1319(g)(8). By signing this Agreement, Respondent waives any rights or defenses that Respondent has or may have for this matter to be resolved in federal court, including but not limited to any right to a jury trial, and also waives any right to challenge the lawfulness of the Final Order accompanying the Agreement. Additionally, Respondent certifies, subject to civil and criminal penalties for making a false statement to the United States Government, that the Respondent has addressed the alleged violations identified in the Settlement Form or has obtained a time frame in writing from EPA by which Respondent has agreed to correct such alleged violations. Furthermore, Respondent agrees that consistent with Section 162(f)(1) of the Internal Revenue Code, 26 U.S.C. 162(f)(1), Respondent will not deduct penalties paid under this Agreement for federal tax purposes. Within 10 days after this Agreement becomes final, Respondent agrees to submit payment using any payment method available at: https://www.epa.gov/financial/makepayment. Respondent shall email proof of payment to Cristeen Schena, EPA Region 1, at: schena.cristeen@epa.gov, and to the Regional Hearing Clerk, EPA Region 1 at: R1_Hearing_Clerk_Filings@epa.gov. This Agreement settles EPA's civil penalty claims against Respondent for the alleged Clean Water Act violations specified in this Agreement. EPA does not waive its rights to take any enforcement action against Respondent for any other past, present, or future civil or criminal violation of the Act or of any other federal statute or regulation. EPA does not waive its right to issue a compliance order for any uncorrected alleged violations described in the Settlement Form. EPA has determined this Agreement to be appropriate. Respondent agrees to acceptance of the Complainant's: i. digital or an original signature on Digitally signed by JAMES CHOW JDAaMteE: S20C2H5.O03W.07 16:17:23 -05'00' LEANN JENSEN Digitally signed by LEANN JENSEN Date: 2025.04.22 14:49:38 -04'00' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 1 - 5 Post Office Square, Boston MA 02109 EXPEDITED SETTLEMENT Worksheet Docket No. CWA-01-2025-0030 Docket Number: CWA-01-2025-0030 Site Name: Foss Performance Materials - Prev. AJ Nonwovens Site Address: 11 Merrill Industrial Dr. Hampton NH 03842 Lat/Long: 41.751N, 71.1313W NPDES Permit ID: NHR053211 Inspection Date: December 7, 2023 Acres of Exposure Full-Time Employees Environmental Harm Sector Receiving Water Quality Permit Section Violation Magnitude Site Operations 2.1.1 Stormwater Control Measure Selection and Design Considerations (Failed to implement adequate control measures) 2.1.2 Non-Numeric Technology-Based Effluent Limits (Failed to maintain exposure minimization practices and failed to eliminate non-stormwater discharges) 5.1 Corrective Actions 3.1 Routine Facility Inspections (Failed to conduct inspections) Significant or > 25% Moderate or 5% 25% Minimal or < 5% 25% < 50% Site Factors 22 325 Med Sector V Textile Mills, Apparel, and Other Fabric Product Mfg. Penalty Amount Med Length of Violation $6,563 06/01/2021-3/13/2024 $3,281 $2,297 $3,281 06/01/2021-3/13/2024 06/01/2021-3/13/2024 06/01/2021-3/13/2024 Monitoring & Recordkeeping 3.2 Quarterly Visual Assessment of Stormwater Discharges 4.1 Monitoring Procedures (Failed to monitor from all outfalls) Minimal or < 5% $1,641 9/30/2021-3/13/2024 4.2.2 Benchmark Monitoring (Failed to conduct benchmark monitoring) 4.2.3 Effluent Limitations Monitoring 4.2.4 Impaired Waters Monitoring 5.2 Additional Implementation Measures 6 Stormwater Pollution Prevention Plan (SWPPP) does not accurately describe all site conditions 7 Reporting and Recordkeeping Minimal or < 5% $1,641 06/01/2021-4/01/2024 Total $18,704 *The "Magnitude" column reflects the severity and/or length of time of the violations observed and documented by the Inspector at the time of the Inspection and/or based on additional information.