Exhibit I

I-1

- Doc. Ex. 324 -

I-2

263

- Doc. Ex. 325 -

I-3

- Doc. Ex. 326 -

I-4

265

- Doc. Ex. 327 -

I-5

I I.

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MAY 06 1 93 15=40 P.6

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9.

10.

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period for the plan. Concurrently the Section will review th~ plan and at the cottl'llusion of the comment period.. will either approve the plan or request .inoditlcations within ~inety (90) dayt of its receipt. Tho Section will provide Asheville Dyeing & Finishing with apcc:ific written comment.a concerning any requested modffleation. Al!heville Dyeing & Finiohing shall make modifications or submit a new plan within. 30 days after receiving such written comment.s. The Scx:tion will approve; or modify this plan in writing within 60 days and if the Section modifies the plan, this modified plan will be the approved closure plan.

Comply with 40 CFR 265.113(b), codified at 10 NCAC lOF .0033 . .Asheville Dyeing &. Finishing shall complete closure activitiea within 180 days of approval of the closure plan unless an ~sion is granted punuant to this 1ection,

~mply with 40 CPR 165.ll.4, codified at 10 NCAC lOF .0033. Ashe\lille Dyeing &. i::mishing shall. prior · to oompletion . of closure, dilposc of or decontaminate all equipment and atructurc:a propc:rly. ·

Comply with 40 CFR 265.US(a) codified at 10 NCAC 10F .0033. Within sixty (60) ~a.lendar days of the effective date of this Order, unl~s an axtension is granted by tlle Section~ AsheVill~ Dyeini & Fmishing shall h~ve a written post-c:losuro plan which meets t.he rcquir=.Jents of paragraph {c) of Section 265.118 and shall submit this plan to the Section for approval.

Comply with 40 CFR 26S.142(a) codified at 10 NCAC 10F .0033 by lnclucling in the clo~uro plan submitted to this office or in a separate submitta~ ~ complete itemized clMure cost estimate .

12. Comply with 40 CPR 26S.144(a), codJfled at 10 NCAC lOF .0033, by including fn the above post-closure plan submitted to th.is offico a complete ttemiz:ed pest-closure tost estimate.

13. Comply with 40 CFR 265.1431 codified at 10 NCAC 10F .0033, and 265.145 codified at 10 N'CAC lOF .0033. Asheville Dyeing & Finishing shall, wJthfn sixty (60) calendar days of the effective date of this Order, demonstrate financial assurance for closure and/or po1t-olo.suro. Should Asheville Dyeing & Finishing fail to complete closure within one hundred eighty (180) daya of approval by the Section of its closure plan, Asheville Dyeing & Finishhla: ~hall, at that time, Jmmedlately demonstrate liability coverage in aecordance with 40 CFR 265.147, codified at 10 NCAC !OF .0033(h).

14. Comply with. Z70.10(a) codified at 10 NCAC lOF .0034. Within forty-five (45) calendar days of the effective date of this Order, Asheville Dyeing 8' Finishfn& shall complctcl, aip and submit a Part A application to the Section ea d~cdbed Jn this section and 11eetiom 210.70 through 270.73.

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266

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WASC0004966

- Doc. Ex. 328 -

I-6

; .. l'.1flY 06 '93 16:40 P.7

If any event occurs which causes delay in the achievement of the requirements of this Consent Order, Asheville Dyeing & Finishing shall have the burden of proving that the delay w.as caused by circumstances beyond the reasonable control of Asheville Dyeing & Finishing which could not have been overcome by due diligence. Asheville Dyeing & Finishlngts primary CO:D.taet shall ·ptomptly notify the Division's primary contact orally and shall within seven (7) busineq days of oral not:iti.cation to tho Divition notify the Division in writing of the anticipated length and cause of the delay, and tht:1 time table by which Asheville Dyeing & FinfshinS intends to Implement the1e measures. If the parties can agree that the delay has been. ot will be caused by circuM&tances beyond the reasonable control of .Asheville Dyeing & Finishing, the time for pcrfmmanca hcsreundar shall be mtr.mdcd Cot a period equal to the delay resulting from such circumstances. Allheville Dyeing & Finisbfng shall adopt an reasonable nieasw'eil to avoid or minimjze delay. Failure of Asheville Dyeing & Finishing to comply wi.th the notiae requirements af this paragraph Bhall render this paragraph void and constitute a waiver of Asheville Dyeing &. Finishing's rights to request a waiver of the requirmncmts of this Cllpsc:nt Order. Inc;r~ed costs of pcrfOrlliance of the terms of this Consent Order or changed economic cJrcu.mstances shall not be considered circumstances beyond the control of Asheville Dyeing & F1nishing. ill the event that the Division and Ashevilla Dyeing & Fimshing cannot agree that any delay in tho aohi~voment of the requirements of this Consent Order. including the faituro to submit any report or document. has been or will be caused by c:ireumatancea beyond the reasonable control of Asheville Dyeing &. Pini.sbing, the dispute shall be resolved in accordance with the provision of the "Di&pute Resolutiona soci:ion of this Consent Order.

POTENTIAL CONSEQUENCES OF F.AIWRE TO CQMPLY

Asheville Dyeing & Finishing is hereb}' adviBed· that pur11Uant to N.C. Gen. Stat. 130A·22. that each day it fails to achieve the requirements in the above parasraph, or otherwee be in violation of any requirement of the Act or the Rules, or the terms of this Administrative Order on Consent, constitutes a separate violation for which e penalty of up to $25,000.00 per day may be imposed. If the violatlon(s) continueJ, Asheville ·Dyeing & Finishing may also be aubject to further· enforcement as authorized under the North Carolina Solid Waste Management Act and Rules. including injunction from any further generation of hazardOWJ waate and such further relief es may be necessary to achJcve compliance with the North Carolina Solid Waste Miuiagement Act and Rul~.

The penaltfes set forth In thJs Section do not preclude the: Division fronl electing to pursue: any other remedies or sanctions, which may be available to the Division by reason of Asheville Dyeing & Finishing'& failure to comply with any of the requirements of this Coment Or4er, Payment of any m.ount provided for tn this section shall not relieve Asheville Dyc!ng & Fioishing from complying with any requirement of this Order or any obligation Jmposed by law •.

267

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• WASC0004967

- Doc. Ex. 329 -

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P.B .,

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nrseum RF.SOLUTION

If Asheville Dyeing & Fmishing objcct11 to any Division notice of disapproval or decision made pursuant to thls Consent Order, Asheville Dyeing &. Finishing shall notify the Division in writing of ita objectian within fourteen (14) calendar days of receipt of the dccfaion. The Oi\rfsion and Asheville Dyeing & Finishing then have an additional fcurti=cn (14) calendar days from receipt by the Division of the notification of ohjet.ltlon to r~ch agreement. If agreement cannot be reached on any issue withfn this fourteen (14) calendar day period or an additional period agreed upon by tho parties, tho Division shall immediawly provide a written statement of its decision to Asheville Dyeing & Finishing.

Tb.is· Order is hereby entered i~ on this ~day of ~ .1990.

By:

By:

SOLID WASTE MANAGEMENT DIVISION NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES

iJAJJ,;....1- Y4'~ . William L Meyer, ~or

Solid Waste Mana~ement .OMalon

WINSTON MIU.S~ INC. (OF WHICH ASHBVILLE DYEING & FINISHING IS AN UNJ.NCORPORA!BD DMSION)

·~ .. ~. ~· Its: Vice l.lrasioent

268 WASC0004968

- Doc. Ex. 330 -

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