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Home My WebLink AboutNC0028606_Enforcement_20160510PAT MCCRORY ! OV two r DONALD R. VAN DER VAART ENVIRONMENTAL QUALITY f 3wn for June 17, 01 Cr . Jason Joyce NC Department of Transportation PO Box North Wilkesboro, NCB 28659-0tl SUBJECT- Payment Acknowledgment Civil Penalty Assessment 1-77 lest area Tredell County Permit Number: NCO028606 Close umber: LV.20.16-0091 Tredell County Deer Mr. Joyce; This letter is to acknowledge receipt of check number `3713 17 In the amount of $350.33 received from you on June 16, 2016. This payment satisfies in hill the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division ion for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please contact Wren `T'hedf Ord at 1 - 07-6304 Sincerely;_ " Wren Thedford Central Files Mooresville Regional Office NPDES Vile x 3 2016 3 Stateof North Caroluta W rlttwirant ntal QtWiry Y Water Resources 1617 Mail setwe Center f Raleigh, North C'a rcIl aaa 27699M6 i" 519-807-63£81 FILL A- 'W S' ""AWW 00" Certified Mail # 7015 1520 0002,8376 1343 Return Receipt Rgg ested May 10, 2016 Mr. Jason Joyce NC Department of Transportation Post Office Box 250 North Wilkesboro, NC 2 865 9-025 0 SUBJECTNotice of Violation and Assessment of Civil Penalty for Violations of North Carolina General. Statute G.S.) 143-215. l(a)(6) and NPDIES WW Permit No. NCO028606 NC DOT - Environmental Operations 1-77 Rest Area Iredell County Case No. LV-2016-0091 fredell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $200-33 ($1,00.00 civil penalty + $100.33 enforcement costs) against NC DOT - Environmental Operations. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by NC DOT -Environmental Operations for the month of December 2015. 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. NCO028606. The violations, which occurred in December 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that NC DOT - Environmental Operations violated the terms, conditions or requirements of NPDES WW Permit No. NCO028606 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 perm it required. by G. S. 143 -215 . I (a), 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, 1, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against NC DOT - Environmental Operations: State of North Carolina I Environmental Quality { Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-6634699 I 11 00 0 of the I violations of 143-215, l(a)(6) and Permit No.NCO028606, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Coac. R59-00 I of the I violations of 143-215, l(a)(6) and Permit No.NCO028606, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Cone. 5') 5 TOTAL CIVIL PENALTY $jkO, 3 3 Enforcement Costs J350.33 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 LaNv and the, factors set forth at G.S. 14311-282, 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 qualit,",; (4) The cost of rectifying the damage, (5) 'The amount of money saved by noncompliance-, (6) Whether the violation was committed willful ly 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 donne of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an adininistrative 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 waiver 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 1617 Mail Service Center Raleigh, North Carolina 27699-1617 F Option2. 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 NC GS 143B-281 I (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 c, on Yman your remission request. The response will provide details regarding the case status, directions , s for pa ent, d provision for further appeal of the penalty to the Environmental Management Commission's Cominittee 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. g_emission Reqgeq" Both forms should be submitted to the following address. Wastewater Branch Division of Water Resources 1617,fail Service Center Raleigh, North Carolina 27699-1617 ATTACHMENT A NC DOS" - Environmental Operation CASE NUMBER: LV-2016-0091 PERMIT: NCO028606 REGION: Mooresville FACILITY: 1- 7 Rest Area Iredell County COUNTY: Iredell LIMIT' IOLATION SAMPLE LOCATION: utfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date lvnth/Yr Parameter Frequency Measure Value Value Limit Type Amount _ 12122/2015 12- 015 Solids, Total Weekly rngtl u .. 45 A 53 17.8 Gaily Maximum Suspended- Exceeded Concentration 12/31/2015 12-2015 Solids, Total Weekly mgfl 30 37.711 25.5 Monthly $250.00 Suspended- ,average Conoentration Exceeded JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0091 Assessed Party: NC DOT - Environmental Operations Permit No.: NCO028606 County: Iredell Amount Assessed: $1�O Q 3 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Wdiver ofRight 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. § 1431-282.1(c), remission of a civil penalty may be granted only when one or more of the following rive 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. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assetsmentfactors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i, e., explain the steps thatyou took to correct the violation andprevent, ,future occurrences),- (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation wasunavoid able or somethingyou could not prevent orprep arefear ); (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., explain how payment of the civil penalty will prevent youfrom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA `COUNTY OF IREDELL DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINSTADMINISTRATIVE HEARING AND STIPULATION OF FACTS NC DOT - Environmental Operations 1-77 Rest Area Iredell County PERMIT NO. NCO028606 CASE NO. " - 01 -iltl 1. Having been assessed civil penalties totaling .3 3 for violations as set forth in the assessment document ofthe Division of 'eater Resources dated Ma 1 , the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative bearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document, The undersigned ftwther 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 () days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed alter d days from the receipt of'the notice of assessment. This the day of 20 SIGNATURE waterResourcles OW00*04TAIL 00AM" Certified Mail # 7015 1520 0002 8386 7564 P.qtu mRggei pt,BeqMg_sted June 8, 2016 Mr. Jason Joyce NC Department of Transportation Post Office Box 250 North Wilksboro, NC 28659-0250 SUBJECT: NOTICE OF VIOLA71ON & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0307 Permit No. NCO028606 1-77 Rest Area Iredell County Iredell County Dear Mr. Joyce: S* JAY, A review of the January 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: n7m Sample Limit Reported Location Parameter late.'Value Value Type of Violation 001 Effluent Solids, Total Suspended - 1/6/2016 45 57 Daily Maximum Exceeded Concentration (CO530) # State of North Carolina I Environmental Quality; Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28 11 704-663-1699 I'MIR Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: bngLU2ortal.ncdenr.orgLwebLwWadnl'inogLipuLedmr. L— — — on nave MT quesimns 7777MMUrn r or to aw► ar an please contact '7 e:: to, c er o the Mooresville: Regional Office at 704-6634699. Sinc rely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc WQS Mooresville Regional Office - Enforcement File NPIDES Compliance/Enforcement Unit - Enforcement it State of North Carolina I Environmental Quality I Water Resources 610 Ea:tCenter Avenue, Suiie301, Mooresville, NC' 28115 7()4-663-1699 Certified Mail # 7015 1520 0002 8376 3248 R t rn Regglip " Mr. Jason Joyce NC *pftment oortatioh Posfoffi6e Box 250 North Wllk6sboro, NC 288q-00 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV- 2016-LV-0189 Permit No. NCO028606 1-77 Rest Area Iredell County Iredell County A review of the December 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 12/22/2015 45 53 Daily Maximum Exceeded Concentration (CO530) 001 Effluent Solids, Total Suspended - 12/31/2015 30 37.66 Monthly Average Exceeded Concentration (CO530) State of North Carolina J fine ironTnenwi Quality � Water Resources 610 East Center Avenue, Suite 30 1, Mooresville, NC 2 8115 704-663-1699 Pi nlfflfffffil� I MT#Mf anIiyou a 1cl r Consent. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: mr. If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of the Mooresville Regional Office at 704-663-1699. EMS= W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File r1s State of North Carolina I Environmental Quality I Water Resources 610 East C&nter Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 Facility: Permit .; Pipe ��,: � MonthiYear: llr�thlAerellatin ParameterPermit Limit DMR Value % Over Limit Action r eeklvI ail YMg#gfe Date Parameter Permit Limit gmkim DMR 'value % Over Limit Action k Monitoring Preuuen �filatiene Date Parameter Permit Frequency, V Alues Reported # of Violations Action C., Completed y: Date. %2 1 , 1:17 PM DIVIR Review Record Master 1602, Without A,rnt DIVISION OF WATER RESOURCES - CIVIL PENAI,TY ASSESSMENT Violator: NC DOT - Environmental Overations Facility Name: 1-77 Rest Area Iredell C2#njX Permit Number: NCO028606 County: Iredell Case Number: LV-2016-0091 3) The effect on ground or surface water quantity or quality or on air quality; 5) The amount of.; oney saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; O-K-t- ,A.-Zf.40' ^, 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; A review of the past 12 months of compliance history, from November 2014 through November 2015, the following violations and enforcement were noted- Month of 11 /2014, NOV-2014-LM-00 10, for Daily Maximum Fecal Col ifortn; Month of 5/2015, NOD-2015-LV-0077, for Monthly Average BOO; Month of 8/2015, LV-2015-0008, for 2-Daily Maximum BOD and Monthly Average BOD; Month of 9/2015, NOV-2015-0768, for Daily Maximum Fecal Coliform. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office is $100.33. Regional Office Clerical Staff-_ one hour $ 15,00 Enforcement case preparation staff time — one hour $33.13 Regional Office Supervisor review — one hour $52.20 Total: $100.33 Datek W. Cor, ' roger, Regional Supervisor Water Quality Regional Operations +cti Mooresville Regional Office Division of Water Re -sources, NCD