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Home My WebLink AboutNC0063584_Enforcement_20130913FiLE Ammon= Fr NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Section John E, Skvarla, Hl Pat McCrory Thomas A. Reeder Secretary Governor Director September 13, 2013 CER,r MAIL 7010 0780 0000 5562 1835 lIFIED N LRFL,FURN RECEIPT REX V`ESTED 2—_ Mr. 'fbornas I - Roberts Aqua North Carolina, Inc. 202 MacKenan Couft Cary, North Carolina 27511 SUBJECT, Dear Mr. Roberts: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215, t(a)(6) and NPDES Pe sit No, NCO063584 Oxford Glen WWTP Meckleriburg County Case No. LV-2013-0168 , This letter transmits a, Notice of Violation and assessment cA civil penalty inthe amount of' $548.91 ($400.00 civil penalty + $148,91 enforcement WAS) against Aqua North Carolina, Inc, This assessurentis based upon the f'ollowin g facts, A review has been conducted of the self - monitoring data reported for May 2013, This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No, NCO063584. The violations are sunimarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of N,PDI-,',S Permit No, NCO063584 and North Carolina General Statute (G.S.) 143-215. I(a)(6) in the manner and extent shown in Attachirkent A. A civil penalty may be assessed in accordance with the maxinturns established by G,S. 143-215,6A(all 2). Based upon the above findings of -fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Envirormient and Natural Resources and the Director of the Division of Water Resources, 1, Michael L Parker, Regional Supervisor for the Nfooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc.: Mooresville Regional OfFIC2 L,XaWp610 East Center Ave , Cute 301 Mooresville NC 28115 One 1 7 622 `748 Cap thCarolina Phorle, f 704'� 663-1699 , Fax (704 � 663-604r, V)nner SKWce jr,jernet irttp:,11portil nr,,denr Vat urally v' )ppci��jmty , a EMOOrPr - JC%, Recvded onsuntei pa, $_ 100.00 For I — of the two (2) violation(s) of G. S. 143-215 . I (a)(6) and NP60S Permit No. NCO063584, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for biological oxygen demand (BOD). $---300.00 For — 3 '_._ of the three (3) violation(s) of G.S. 143-215. I(a)(6) and NPDES PeitNo. IDS CO063584, by discharging waste into the waters of the State in violation of the pen -nit weekly average of limit for ammonia. $--.—.0,00 For __ I __ of the one (1) violation of G.S. 143-215. 1 (a)(6) and NPDES Permit No, NC0063584, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia. 4K00 14&91 $548.91 - — TOTAL CIVIL PENALTY Enforcement costs TOTALAMOUNT 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 COTICIUSiOTIS of Law and the factors set forth at G.S. 14313-282, I(b),'wlanch are- (1) The degree and extent of Kann to the natural resources of the State,, to the public health, or to private property resulting from the violations,; (2) The duration and gravity of the violations'. (3) The effect on ground or surface water quantity or quality or oil air quality; (4) The cost of rectifying the damage; (5) The amount of money, saved by noncompliance-, (6) Whether the violations were committedwillfully 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. Submit payment of the penalty: Payment should be made directly to the order of the Departm, ent of Environment and Natural Resources (do not include waiverjbrin), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission 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 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 ari administrative hearing and a stipulation 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 shad be considered: (1) whether one or more of the civil penalty assessment factors in G.S, 14313-282,1(b) were Tongfully 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 information 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 rand: inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for paynient, 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, at complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Waiver of Right to an Administrative Hearing and Stipulation of acts" form within thirty (30) days of receipt of this notice, The Division ofWater Resources also requests that you complete and submit the enclosed .'Justification for Remission Requesc" Both fornis should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service, Center Raleigh, North Carolina 27699-1617 OR, 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 docurnent you must file a ront the Office (-A petition for an administrative hearing� You may obtain the petition form f Administrative Hearings, You must file the petition with the Office of Administrative Hearings 14 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 filings Monday through Friday hemeen the hours of 8:00 a.m. and 5.00 p,rn-, except for official state holidays. The petition may be filed by facsimile (filrx) or electronic mail by an attached file (with restrictions) - provided the signed original, one (I') copy and a filing tee (if a filing fee is required by NCGS § 15013-23,2) is received in tfie 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 tiling process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as fbllows� Office of Administrative Hearings 6714 Mail Service Center Raleigh, NIC 27699-6714 Tel: (919) 431-3000,- Fax: (919) 431-3 100 One (1) copy of the petition must also be scr\,ed on DENR asfollows: Alt. Lacy Presnell, General Counsel DENR 1601 Mail Senice Center Raleigh, NC 27699-1tiff 1 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 notice, as evidenced by an internal date/time received stamp (not a postmark), will result in t1iis 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 the violations are of a continuipgrnature�fact t related to Pmr-qtlon and/or maintenance problem s,-:,tnd _you antici, remedial construction activities,then _----y(�Lu to consider anniviriL, for a Snecial Order by Coment. If vnu hnvc-. inv nup�qtinn-, A(int this rivil nPnn1tv R_eL7iqnal Office at (794) 6(-'- 1_1699, 0000' Michael L. Parker Regional Supemisor Mooresville Regional Office Division of Water Resources EM ATTACHMENTS c: Mooresville regional Office Compliance File w/ attachments Raleigh n li nce'l nforce ent File w/ attachments Central files Nv/ attachments MIP M ATTACKMENT A CASE NO. LV-2013-0168 Outfull Date Parameter Rma! rmit Limit 001, 5/91" 13 BOD 2T2 nigVL* 16.5 mg/L ("Daily ntaxinuirri) 001 5/16/13 BOD 17, 1, ing/L 165 ing-J, (Daily maximum) 001 5/21113 Ammonia 4.85 mg/1,* 2.9 mg/L (Daily maximum) 001 519/13 Ammonia 4.88 mg/L* 2,9 mg/L (Daily.maximurn) 001 5/16/13 Arturionia 16.5 mg,/I-* 2.9 mg./ L (Daily maximum) 001 5/31/13 Animonia 5.25 mig/L 0.5 ing"T (Monthly average) Denotes civil penalty assessment Aqua North Carolina, Inc. did not provide a response to NOV -2013-1,V-484, DWR staff reviewed the comments provided on the May 2013 DMR. Mitigating factors were found that resulted in a reduced civil penalty amount, STATE OF NORTH CAROLP',4A COUNTY OF MECKLENBURG Ill THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAlNST AQUA NORTH CAROLINA, fNC. Pf"I"RMITsty. NCO063584 DEPARTMENTOF ENVIRONMENT AND NATURALRESOURCES WAIVER OF RIGHTTO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO, LV-2013-0168 Having been assessed civil penalties totaling $548.91 for violation(s) as set forth in the assessment docurnent of the Division of Water Resources dated September U&.2013, the undersigned, desiring to seek remission of the civil penalties, 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 perialty must be submitted to the Director of the Division of Water Resources, within 30 days ofre,ceiptcif the notice oaf assessment, No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. I'his the day of 2013 BY TILL EPf fONE KSTIFICATION FOR RE -MISSION REOUEST DWR Case Number: LV-2013-0168 Assessed Party: Aqua North ('arolina, Inc. Count y: Mecklenburg Permit Number: NC0063584 Amount Assessed: $548.91 Please use this forrn when requesting remission of this civil penalty. You must also complete the " ' est,.For RemLissi 'liver o ht n Administrative Hearing, a?�eL��Lq LiQt o acts gqtL_ _L�ion_L_J�_E — form to request remission of this civil penally, 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 arnount of the civil penalty assessed. Requesting remission is riot the proper procedure for contesting whether the violation(s) occurred or the accuracy (if arty of the factual statements contained in the civil penalty assessment document, Pursuant to N.C.G.S. § 14313-281 1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting docurnerits, as to why the factor applies (,attach, additional pages as needed), (a) one or more of the ivLl T�g �Itv a�_ssessg� �gnt factors in N,,C.G-.S. l43B-282..j(b)yvere detriment ofth Mqhtioner (the assessmenlfiic'tors are listed in the civil penalty assessrnent eiocurnent,); (b) the violator ptuna ptly abated comi * mental darna,ae resul tt p yfronme the - ,violation ('i,e,, explain the steps thatyou took to correct the violation andprevent fititure occurrences): (c) the violation was inadvertent or a result of an accident (Le, explain whJ, the violation was unavoidable or somethingyou could not prevent or preparefibr),- (d) the viol-ator had not been assessed -civil pepalties for grayTr!njousi�yiolations _i t, (e) pavirignt of t ae wil e ialty ill rLventpq�Lmciatt for the r rpai ' cs,g�� nip_ - — —_,e_ !jj",kjee� _ actions (Le_ exphfin how payment of the civil penalty, will prevent you,al performing the activities necessary to achieve cornpliance). EXPLANATION: (use additionalpages tis necessarjq Violator: A(Ma North Carofinadinc, Facility: Oxford Glen WWTP County: Mecklenburu Case Number: 1. V-201,3-0168 Permit Number. NCO063584 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; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown, 6) Whether the violation was committed willfully or intentionally; failure, Valve failed causing loss of air. Valve was fixed and air distribution was corrected." Air distribution issues were also noted as a cause of violations in February 2013. No cause was noted for the October 2012 violations, 7) The prior record of the violator in compllying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been two previous CPAs for the Oxford Glen WWTP both occurred in last 12 months, aelrrrn7ns—crhp-ih---'—- on 8) The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is $148.91, 6 ate 7 Michael Lr Parker, Regional Supervisor Mooresville Regional Office Division of Water Resources, PaQe: 5 of 7 N14=62481 --FACILITY. Aqua North (Zardthrajinc - Mallard Head VYWTP,-"-""." COUNTY: Ire,4611 REGIONw oo4tvj Ple Limit Violation . ... ... ... .. ....... . -y_ ,:J . ......... MONITJING OUTFALL I 0 REPO, T RID$ LOCATION PARAMETER VIOLATION DATIE° FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE % OVER LIMIT VIOLATION TYPE, VIOLATI ON ACTION 05-20f2l 001 Effluent Nftrjen A'trailmmon'ia Tcilali (as IN) �s 05/30,113 Weekly mg1l 2,48 241 M onthly Average exceeded None 'on�e PERMIT: NON CO063584 FACILITY: Aqua North Carolina Inc - Oxford Glen WWTP COUNTY: Mecklenburg REGION: Mooresville �N zoi- Limit Violation ";'� MONITORING OUTFALL) REPORT PPI VIOLATION UNIT OF CALCULATED LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACT ION 05-2013 001 Effluent BOD, 5-Day (20 Deg, C) - Concentration 05/09113 Weekly mg/l 16,51 272 64�85 Daily Maximum Exceeded None i'A 05-2013 001 Effluent 8013, 5-Day (20 Deg. C) - Concentration 05/16/13 Weekly mg/i 16,5 17A 364 Daily Maximum Exceeded None C 05-2013 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration 05102113 Weekly mg/I 2,9 4�86 4-' 6724 Daily Maximum Exceeded None 05-2013 001 Effluent Nilro 8eft, Ammonia Total (as N) oncentration 05109/13 Weekly rngll 2,91" 4,88 — 68.28 Daily Maximum Exceeded None iCC 05-2013 001 Effluent Nit an, Ammonia Total (as N) loncentration 05116113 Weekly rngti 2,9 — 16,5 468,97 D Wed ly Maximum Exceed None -"ilr 05-2013 001 Effluent Nltr n, Ammonia Total (a8 N) -Toncentration 0513l/13 Weekly mgll 0,5 525 949.2 Monthly Average Exceeded None Vk' Ln 93 ru ° ore ertiftecr l Fietrirn Receipt Fee H (Endorsement Required) Restricted Divivery Fee yEndo eernent Required) 43 R TFiOMAS ROBERTS AQUA NORTH CAROLINA, INC: CARY NC 417511 a.. IN MEL • Complete items 1, 2, and 3, Also complete A. Signature � ' [3 Agent itemif Restricted Dery Is desired. • Print your name and address on the reverse �I ddrass� so that we can return the card to you. ecalved by (Printed C. Cure of Deliver • Attach this carts to the back of the m ii Gece or on the front if space permits. w D, 9s delivery address rant fro rri-item 1? C] Yes t . Article: Addressed to. if YES, enter defi rery address below. 0 No MP'rFIOMAS ROBERTS ACttiA i IORTH CAROUNA, INC, 202 Mai:KEN'AN COURT 3, Service Type CARY [vC 27511 Certified Mail 0 Express MaiI .r •. r tt ,. i',a•_° . Registered Return Receipt for Merchandise Insured Mali C.O.D, 4. RestrictedDelivery'? (Extra Fee) El Yes . 0000 5562 1 835 PS Forth 3811, February 2004 Domestic Return Receipt tsaa � r�• istt