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Home My WebLink AboutNC0086304_Enforcement_20160601Water Resources ENVIRONMENTAL QUAI.ITY June 1, 2016 CERTIFIED MAIL 7013 2630 00018998 3141 RETURN RECEIPT TadD Mr, Rick Sam, Director of Facilities Maintenance Catawba County Schools PO Box 1010 Newton, NC 28658 PAI'MCCRORY ref kulwor DONALD R, VAN DER VAART Serreta-,y SJAY ZIMMERMAN Assessment of Civil Penalty for Violations of the Reporting Requirements Case No. LR-2016-0006 Late Discharge Monitoring Reports (DMRs) for Aug201 5 & Jan2016 Mill Creek Middle School NPDES Permit NCO086304 Catawba County 111ear ?%Ar. 'This letter transmits a notice of a civil penalty assessed against Catawba County Schools in the amount of $600.00 (includes $100.00 in enforcement costs), This assessment is based upon the following facts: the August 2015 and January 2016 discharge rnonitormg reports ("DMR") were not filed with the Division of Water Resources within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in the subject NPDES perinit, Thy .August 2015 DMR was received late on October 20, 2015 and January 2016 DMR was received late on March 24, 2016s A Notice of Violation, (NOV-2015-LR-0040) was sent to you for failure to submit the July 2015 DMR no later than the thirtieth (30'b) day following the, reporting period. This notice was received by you on October 5, 2015. Within said notice, you were informed that future e are not rereived within.thergUaired time fraine. the next 12 reporting months, would result The Staters enforcement costs in this matter may be assessed against Catawba County Schools pursuant to NCGS. 143-215.3(a)(9) and NCGS 143B-282,1(b)(8). Based upon the above facts, I conclude as a matter of law, that Catawba County Schools violated the tenns, conditions or requirements of PDES Permit NCO086304 and G.S. 143-215.65 in the manner and extent shown above. In accordance with the maximums established by G.S . 143-21 5.6A(a)(2), a civil penalty may be assessed against any person who violates the ternis, conditions or requirements of a perinit required by G& 143-215. l(a). State of North Cardina I Environmental Quality f Water Resources 1617 Mail service Center 3 RaleigK North Carolina 27699-1617 9198076300 Catawba County Schools -- Mill Creek Middle School Case No.: 1,R-2016-0006 — NPDES Permit NCO086304 Jure 1, 2016 Page 2 of 5 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I hereby make the following civil penalty assessment against the Catawba County Schools. $ 0,00 $ 500.00 $100.00 $---A0-0-00 For violation of NCGS 143-215.65 and NPDES Permit NCO086304, for failing to submit the Discharge Monitoring Report for August 2015 For violation of NCGS 143-215.65 and NPDES Permit NC0086304, for failing to submit the Discharge Monitoring Report for January 2016. Enforcement Costs 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- 282,1 (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 aniount 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 days of receipt of this notice, you must do one of the following: 1. Sutmdt payment oft e penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include owiver.forni), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of, Wren Thedford NC DEQ/DWIZj'Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 WE JAMBI AM 11 Catawba County Schools — Mill Creek Middle School Case No.: LR-2016-0006 — NPDES Pemon: NCO086304 June 1, 2016 Page 3 of 5 docutnent. 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 deterinining 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 the Division of Water Resources will review your evidence mid 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). Plcase be advised that the Committee cannot consider intbrination 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, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within, thirty (30) days of receipt of this notice, The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request," Both mrrns should be submitted to the following address - Wren 'lliedford NC DEQIDWFJWater Quality Pen-nitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File 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 Of 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 Hearings during normal office hours. The Office of Administrative Hearings accepts _Iq Catawba County Schools"--- Mill Creek Middle School Case No..- L1 -2016-0006 --PDES Pen -nit NCO086304 June 1, 2016 Page 4 of 5 filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.nr., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings, The petition may be taxed provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 NN D Mail or hand -deliver a copy of the petition to: General Counsel Departnient of Environment and Natural Resources 1601 Mail Set -vice 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/timereceived 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 assessirrent, If you have any questions, please contact Derek Deward at 919-807-6307. me S. Jay Zimerman, P.Gi ml �Lz , it for Division of Water Resources, NCDEQ ATTACHMENTS cc: D"Noomaxillo Rejxmp Central Files w/attachments PPP1 PPPPP�STATE OF NORTH CAINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST STRATIVE HEARING AND CATAWBA COUNTY SCHOOLS STIPULATION OF FACTS MILL CREEK MIDDLE SCHOOL PERMIT NO, NCO086304 FILE NO. LR-2016-0006 Having been assessed civil penalties totaling $§.0000 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 1, 2016, the undersigned, desiring to seek remission oft e 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 2016, SIGNATURE ADDRESS TELEPHONE 1WHIMMUMMUlas DWR Case Number: LR-2016-0006 County: Catawba --- Assessed Entity: Catawba Counte oaals - Mill Creek Middle School Permit No.: NCO086304 Amount Assessed: $600A0 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing., and Shpulation 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 theDirector to consider in evaluating your request for remission, Please be aware that request for remission is limited to consideration of the live 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. § 1431]1-282.1(c), remission of a civil penalty may be granted only when one or more of the following 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-282,1(b) were wrongfully applied to the detriment of the petitioner (the assessmenifetors are listed in the civil penalty assessmem document); E] (b) the violator promptly abated continuing enviromnental damage resulting from the violation (i.e., explain the steps ttat yeses took to correct the violation and prevent,future occurrences); E] (e) the violation was inadvertent or a result of an accident, (i,e,, explain TvIty the violation was unavoidable or somethingyou could neat prevent orprepare.for); El A 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., explain how pqynient of the civil penalty ivill prevent you om petfibrinstain the activities ft necessary to achieve compliance). EXPLANATION: