HomeMy WebLinkAboutNC0038831_Enforcement (Letter)_20191213ItOY COOPER
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MICHAEL S. REGAIN
5'rn'rar i
LINDA CULPEPPEP
a,o trr
NOWH CAROL NA
Enriranmenmt Quality
Certified Mail # 7017 2680 0000 2236 7795
Return Receipt Requested
December 13, 2019
Bryce Mendenhall
Carolina Water Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224-0908
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO038831
Carolina Water Service Inc of North Carolina
Carolina Trace WWTP
Case No. LV-2019-0376
Lee County
Dear Mr. Mendenhall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S283.52 ($250.00 civil penalty
+ $33.52 enforcement costs) against Carolina Water Service Inc of North Carolina.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Carolina Water Service Inc of North Carolina for the month of September 2019. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES
WW Permit No. NC0038831. The violations, which occurred in September 20I9, are summarized in Attachment A to
this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc of North Carolina violated
the terms, conditions or requirements of NPDES WW Permit No. NCO038831 and G.S. 143-215. 1 (a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil
penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by
G.S. 143-215.1(a).
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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secrets of the De artment of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office, hereby make the following civil penalty assessment against
Carolina Water Service Inc of North Carolina:
$250.00 1 of 1 violation of G.S. 143-215. 1 (a)(6) and Permit No. NCO038831, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$250.00 TOTAL CIVIL PENALTY
33.52 Enforcement Costs
$283.52 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the foltowing:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include traiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
I617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed. justification For such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission ou must com lete and submit the enelosed "Re uest for Remission of Civil Penalties
Waiver of Ri ht to an Administrative Hearing and Stipulation of Facts" form within thin 30days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: rile a petition for an administrative hearing with the Office of Administrative hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearin_s during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23 2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all -questions regarding the filing fee and.'or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 431-3100
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date;'time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 791-4200 or via email at mitch.hayes.�i ncdenr.gov.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance. -Enforcement Unit - Enforcement File
Laserfiche
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2014-0376 County: Lee
Assessed Party: Carolina Water Service Inc of North Carolina
Permit No.: NCO038831 Amount Assessed: S283.52
Please use this form when requesting remission of this civil penalty. You must also complete the "Requevt For Remission,
Maiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil
penalty maybe granted only when one or more of the followin�.t five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.I(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfaeto•.s are fisted in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i-e., c-rplain the
steps that you took to correct the violation alit/ prei-urt jrture Occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain irhv the violation it -as unavoidable or
something you could not prevent or prepare fo);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., e_rplain
how payment of the civil penalty brill prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA
COUNTY OF LEE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Carolina Water Service Inc of North Carolina
Carolina Trace WWTP
PERMIT NO. NCO038831
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2019-0376
Having been assessed civil penalties totaling 5283.52 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 13,_2019, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
ATTACHMENT A
Carolina Water Service Inc of North Carolina
CASE NUMBER: LV-2019-0376
PERMIT: NCO038831
REGION:
Raleigh
FACILITY: Carolina Trace WWTP
COUNTY:
Lee
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over
Violation Penalty
Date MonthlYr Parameter
Frequency Measure Value Value Limit
Type Amount
9/30/2019 9-2019 Nitrogen, Ammonia
3 X week mg+l 2 2.64 32.1
Monthly $250.00
Total (as N) -
Average
Concentration
Exceeded