NC0028606_Enforcement_20161014

PAT 1
„y
Certified Mail #7015 1520 0002 6984 7894
etun liZeier�t � u ted
October 14, 2016
. Jason Joyce
NC DOT - Environmental Operations
TIC) Boy 250
North Wilkesboro, NC 2865-t125t7
SUBJECT: Notice of Violation and;'Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 14-215,1(a)(6)`
d NPDES WW Permit No. NCO02 606
NC IBC>T - Environmental Operations
1-77 Rest Area Iredell County
Case No. LV-2016-020
fredell County
Dear Mr, Joyce;
This letter transmits a Notice of Violation and assessment of civil penalty in the amount o 551.00 (4 4.00 civil penalty
$10 1..00 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 (T)
submitted by NC DOT - Environmental Operations for the month of May 2016. This review has shown the subjectfacility
to be in violation of the discharge limitationsand/or monitoring requirements found in NPDES WW Permit No. NCO028606.
e violations, which occurred in May 2016, 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. 14-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 14-215 , 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. 14-215..1(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,'i W. Corey Basinger
Regional onal Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against NC DOT
nviro ental Operations;
State ofNorth Carolina I EnvironatentalQualitylWftrPosourees
10 East Center Avenue„ suite 301, Mooresville, NC 28115
704-661-1699

R.00 TOTAL CWM PENALTY
S11i1.00 Enforcement Costs
J51.00 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. 14313-282 . 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 following:
(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 Is 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

'i
F
i
a#�
4
Remission Request."
Both forms should be submitted to the following address;
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 7699-1 17

Otition 3: File a oetition for an administrative hearing with the Office of Administrative Hearings:
filin"rocess,
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DE Q as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
160 1 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/finte 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 Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPICES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR RE MSSI0NRLQUFST
Case umber: Lip'- Offs-0 0 County: fredell
Assessed Party: NC DOT - Environmental Operations
Permit No. NCO028606 AmountAssessed: 55 .00
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 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 litnitedto 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 viol tion(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N. .t . . § 143E-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 fames as needed).
(a) one or more of the civil penalty assessment factors in N. .G. . 143E- 82, I(b) were wrongfully applied to the
detriment of the petitioner (tine assessment factors are listed in the civil penalty assessment document
(b) the violator promptlyabated continuing environmental damage resulting from the violation (i.e., explain the
stews that yoga took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (.e., explain wiry the violation was unavoidable or
something you could not prevent or prepare for
(d) the violator had not been assessed civil penalties for any previous violations
(c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i..„ explain
how payment of tine civil penalty will prevent you frown performing the activities necessary to achieve
compliance),
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT NT E ENVIRONMENTAL Q
COUNTYE IREDELL
IN TBE MATTEROF ASSESSMENT WAIVER OF RIGHT TO A
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE
STIPULATION OE FACTS
NC DOT - Environmental Operations
1-77 Rest Area Tredell County
1
PERMIT NO. NCO028606 CASE NO E -tit it
Having been assessed civil penalties totaling 51.00 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October I4Clifn, 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 dines stipulate that the facts are as alleged in the
assessment document. The undersigned further der t ds 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 0
SIGNATURE
ADDRESS
TELEPHONE

C"E NUMBER: r 1
PERMIT:
NCO028606
REGION: Mooresville
FACILITY:
1-77 Rest Area Iredelf County
COUNTY: Iredell
LIMIT IT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effl_uent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
MonthNr Parameter
ncy
Measure
Value
Value Limit
Type
Amount
514/ 15
5-2015 BOD, -Da (20 Deg,
Weekly
mg/l
4
aily Maximum
$100.00
) - Concentration
Exceeded
51 1 015
5-2015 BOD, 5-Day (20 Deg.
Weekly
rngdl _30
44.10 47.0
Monthly
$250,00
) - Concentration
Average
Exceeded
5/4/215
5-2015 Colifiorm, Fecal MF,
Meekly
#1100ml
400
WW 1,400,0
Daily Maximum
1
MFC Broth, 44.5 C
Exceeded
5141 016
5- 015 Solids, Total
Weekly
mgA
45
52 15.5
Daily Maximum
W00
uus ended -
Exceeded
Concentration

r. Jason Joyce
NC Department of Transportation
Post Office Box 250
North Wilkesboro, -0 5G1
SUBJECT: NOTICE INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2 16- '-04 3
Permit No. NCO028606
1-77 Rest .Area Iredell County
redell County
Dear Mr. Joyce:
review of the May 2016 Discharge Monitoring Report for the subject facility revealed the violation(s)
indicates love:
Limit Exceedance
Sample limit Reported
Location Parameter Date Value Value Type of Violation
1 Effluent BOD, 5-Day (0 Deg.' - 5/4/2016 45 88.8 pally Maximum Exceeded
Coricentration ( 31
001 Effluent Coliform, Fecal PEE, MFC Broth, 5/4/2016 400 6,000 Daily Maximum Exceeded
�5 C (31616
1 Effluent Solids, Total Suspended - 5/4/ 616 45 52 Daily Maximum Exceeded
Concentration ( 053
1 Effluent BOD, 5-Day (0 l eg, - / 1/ 016 30 44A Monthly Average Exceeded
Concentration ( 3310)
State, of N tin � Environatental Quodity I Water Resources
G lib East Center Avenue, Suite 301, Mooresville, NC 28115
704 .lbw

Consent.
------------------------
if you have any questions concerning this matter or to a*� for an SOC; please corbct Wes B611 of the
Mooresville Regional Office at 704-663-1699. 1
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc- WOS Mooresville Ptegional 011ice - :Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of No Carolina d Envirormental Quality I Water Resources
610 Fast Center Avenue, Suite 301, Moomville, NC 28115
704-663-1699

_ReviewDMR r
'A Pe it 'I (�O j
nFacility: b l ntraar;
e
c 1, Noma ly Avgr 6q!%j
Para atar a Lirnit DMR Value ° over -Limit Action
Waalkdl a 1 Violations
Date Parameter Permit Limit Limit T e MRValua a Or limit Action
�nitc�rin Pre uan �`i�lai�na
Date Parameter Permit r "an # of Violations Action
aila%nalta Prnar l t owe i a
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d' m. i t �
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Wp rvia r Remarks:
s
Com
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Violator: NC DO - Environmental QUrations
Facility Name: 1-77 Rest Area Iredetl tlCQynty
Permit Number. NCO028606
County: Iredell
Case Number: LV-2016-020
ASSESSMENT FACTORS
t The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the vi lation;
The duration and gravity of the violation;
The effert on ground or surface water quantity or quality or on air quality;
,,
The cost of rectifying the damage;
The arnount of money saved by noncompliance;
'whether the violation was committed willfully or intentionally;
M
f
v

8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time. ............ - ... ..... 3144
1 hour supervisor time .... 521,56
Administrative to cost........ ... ...... .LL5 -0-0
Total Enforcement Cost $ 101-00
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ