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HomeMy WebLinkAboutNC0043532_Enforcement_20160803Certified Mail # 7015 1520 0002 8386 7694 Return Receipt Requested August 03, 2016 Andy Lucas Stanly County 1000 N 1st Street, Suite 12 Albemarle, NC 28001 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. and NPDES WW Permit No, NC0043532 Stanly County West Stanly WWTP Case No, LV-2016-0154 Stanly County Dear Mr. Li cas: 6 1WPAr i li ilitos iivas „ : This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,600.53 ($2,500.00 civil penalty + $100.53 enforcement costs) against Stanly County. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Stanly County for the month of February 2016. This review has shown the subject facility to be in violation of the discharge limitations andfor monitoring requirements found in NPDES WW Permit No. NC0043532. The violations, which occurred in February 2016, are summarized in Attachment A to this letter. Based upon the above facts, 1 conclude as a matter of law that Stanly County violated the terms, conditions or requirements of NPDES WW Permit No. NC0043532 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(aX2), 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). 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, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Stanly County: State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 2811 5 704-663-1699 $500.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOP - Conc. $500.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No„NC0043532, by discharging waste water into the waters of the State in violation of the Permit. Monthly Average for NH3-N - Conc. $500,00 1 of the 1 violations of 143-21.5.1(a)(6) and Permit No.NC0043532, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. $500.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for ROD - Conc. $250,00 1 of the 1 violations of 143-215.1(a)(6) and Permit No,NC0043532, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for TSS - Conc. $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR. 2 500.00 TOTAL CIVIL PENALTY $100.53 Enforcement Costs $2,600.53 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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 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) (2) (3) Submit payment of the penalty, OR Submit a written request for remission, OR 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 waiver ,forni). Payment of the penalty will not foreclose further enforcement action for any continuing or new vielation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 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 ofthe 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 143B-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. Iri Larder to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, WaiverMof 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 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: 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 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 Hearings 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 may be 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 §150B-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_Of ice of Administrative Hearings with all questions re arch:ng the filing fee and/or the details of the fling process. 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: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition rriust also be served on DEQ as follows: Mr. Sam M. Hayes, 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 Roberto Scheller vritl the Division n of Water Resources staff f e i' ouresvi Regional Office at (252) 946-6481 or via email at rob ,sch i e @ncden . ov, ATTAC N"1'S Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ t c: W S Mooresville Regional nal EnforEnforcement File NPDES Compliance/Enforcement Unit - Enforcement File PERMIT: N 00435 FACILITY: West rtly+ T VIOLATIONIS ATTACHMENT A tanly County CASE NUNI ER LV-201 -0154, SAMPLE LOCATION: Outran 002 - Effluent Violation Report Date MorithlYr Parameter Unit of Frequency Measure Value Value Lirnit Type Amount REGION: Mooresville COUNTY: Steely Calculated °./% Over Violation Penalty 2/20/2016 2-2016 BOB, 5-Day (20 Deg. 3 X week mgll 27 186.10 589.,4 C) - Concentration 'Weekly $250.00 Average Exceeded 5-Day (20 Deg. 3 X week mg/l 27 - Concentration 22,2 Weekly Average Exceeded 2/2912016 2-2016 SOD 5-Day (20 Deg. g X vrre k mgii 18 61.40 241.0 Monthly Average Exceeded C) - Concentration 2127/2016 2-2016 Coliform, Fecal MF, MFC Broth, 44.5 C 21291 016 2-2016 Nitrogen, Ammonu Total (as N) Concentration 2120//2016 2-2016 Solids, Total Suspended - Concentration 2120/2016 2-2016 Solids, Total Suspended Concentration 3 X week Mil 00mi 3 X week 400 800; 250.00 0. 50.0 Weekly $250.00 Geometric Mean Exceeded 9.2053.0 Monthly Average Exceeded 0 8 X week mg/l 45 3 X week mg/l 30 0 646.9 Weekly $250.00 Average Exceeded 0 234.4 Monthly Average Exceeded 1500.00 JUSTIFICATLON FOR REMISSION REOUTST Case Number: LV-2016-0154 Assessed Party: Stanly County Permit No.: NC0043532 County: Stanly Amount Assessed: $2,600,53 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 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 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 assessment actors 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 that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain wJy 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; (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 you from performing the activities necessary to achieve compliance). NATION: STATE OF NORTH C COUNTY OF STANLY OIINA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Stanly County West Sturdy TP PIRMI1 NO, NC004332 DEPARTMENT OF ENV1RONMFNTAI QUALITY WAIVER OF RIGHT TO AN ADMINISTRAT HE * G AND STIPULATION OF FACTS CASE NO. LV-2016-0154 Having been assessed civil penalties totaling $2,600.53 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August, 03, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated tnatter 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 ADDRESS SIGNATURE TELEPHONE Certified Mail # 7015 1520 0002 8386 7557 #teturn Receipt Requested June 7, 2016 Andy Lucas Stanly County 1000 N 1st Street, Suite 12 Albemarle, NC 28001 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0303 Permit No. NC0043532 West Stanly WWTP Stanly County Dear Mr. Lucas: A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below:. Limit Exceeddance Violation(s'!: Sample Location Parameter Limit Reported Date Value Value Type of Violation 002 Effluent BOD, 5-Day (20 Deg. C) - 2/20/2016 27 186.13 Weekly Average Exceeded Concentration (C0310) 002 Effluent Solids, Total Suspended - 2/20/2016 45 336.1 Weekly Average Exceeded Concentration (C0530) 002 Effluent 002 Effluent BOD, 5-Day (20 Deg. C) - 2/27/2016 2.7 Concentration (C0310) Coliform, Fecal MF, M-1 Broth,44.5C (31616) 2/27/2016 400 002 Effluent BOD, 5-Day (20 Deg. C) - 2/29/2016 Concentration (C0310) eekly Average Exceeded eekly Geometric Mean 61.38 Monthly Average Exceeded 002 Effluent Nitrogen, Ammonia Total (as 2/29/2016 N) - Concentration (C0610) 9.18 Monthly Average Exceeded State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite :301, Mooresville, NC 28115 Limit Exceedance Violationisi: Sample Location Parameter 002 Effluent Solids, Total Suspended - Concentration (C0530) Date Limit Reported Value Value Type of Violation 2 29/2016 30 100.33 Monthly Average Exceeded A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law, If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. 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: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. State of North Carolina I Environmental Quality I Water Resources 610 East C.-enter Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 If you have any questions concerning this r atter o o apply for an S , plea contact Roberto S h ller of the Mooresville resville ienal Office at 704-663 699. Sincerely, 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 NEDES Compliance/Enforcement Unit - Enforcement File tat e oaf No Carolina 1 nvero erect Quality Water Resources 610 East Center Avenue, Suite 301, Moore , NC MI 15 704 63-169 Faciii{ Pararnete Date Parameter Supe Completed by: Assistant Regional Supervisor Sign Off: Regional Supervisor Sign Off:: OMR Revie+ Record L,.:111'4. Permit No.: ( 1 V., Pipe No.: Monthly Average Violations Pern'iit Limit DMR Value Monitoring Frequency Violations Permit Frequency Values Reported MonthlYear: % Over Limit Action Action # of Violations Action Date: Date: Date: 2[3/2016, 1:17 PM OMR Review Record Master 16D2, ithout $ Amts DIVISION OF WATER RESOURCES - CIVIL, :PENALTY ASS LSSMLNT Violator: Stanly County Facility Name: West Stanly WWTP Permit Number: NC0043532 County: Stanly Case Number: LV-2016-0154 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, property resulting from the viola /41s- ) The duration and gra ar ty of the v The effect on ground or surfa ✓ 4) The cost of 5) The amount o 0 g the damage; tion; ved by noncompliance; he public health. quality or on air quality; 6) Whether the violation was committed willfully or ta" fk-s 1�r b rxi 0- to private 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Managentent Commission has regulatory authority. A 12-month compliance period review (February 2015 to January 2016) found the followin.g violations: 06/2015 - Weekly Average BOD, Monthly Average BOD, Daily Max DO, 4 Weekly Averages NH3 as N, Monthly Average NH3 as N - LV-2015-0225 10/2015 - Weekly Average BOD, Weekly Geo Mean Fecal Conform, Weekly Average TSS _ LV-2016-0086 11/2016 - Weekly Average BOD, 5 Daily Max Fecal Coliform - NOV-2015-LV-6193 12/2015 - Weekly Average BOD, 4 Daily Max Cl2 Residual, Weekly Geo Mean Fecal Coliform - NOV-2016-LV-0193 01/2016 - Weekly Average BOD, Weekly Geo Mean Fecal CoIiform, 2 Weekly Average TSS, Monthly Average BOD, Monthly Average TSS -- LV-2016-0153 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office is 100,53 Regional Office Clerical Staff - one hour $ 15,00 Enforcement case preparation staff time - one hour $ 33,13 Regional Office Supervisar'review - one hour $ 55,40 Total: $ 100,53 1,04 at W. Corey Basin Regional Supervis Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ STAN COUNTY q.171P;I Pi A4'4, ess,'t Outstanding civil penalties. 1 message Donna Davis <ddavis@stanlycountync.gov> Basinger, Corey <coreybasinger@ncdenrgov> Tue, May 30, 2017 at 10:38 AM To: "ddavis@stanlycountync.gova <ddavis@stanlycountync.gov> Cc: "Scheller, Roberto" <roberto.scheller@ricdenr.gov>, "Pitner, Andrew<andrew.pitner@ncdenr.gov> Ms. Davis, Thank you for taking the time to speak with Roberto and myself this morning regarding the three (3) outstanding civil penalties issued to Stanly County — West Stanly WWTR Below please find more details specific to each case: 1) LV-2015-0225 issued on September 24, 2015 in the amount of $2,146.97 ($2,000 penalty plus $146.97 enforcement cost). Stanly County required remission of this penalty in October, 2015 and the Director remitted the penalty by 25% on November 3, 2015 to a total of $1,646,97 ($1,500 penalty plus $146.97 enforcement cost). I do not have the authority to further reduce this civil penalty. Therefore, the amount due is $1,646.97 for outstanding case LV-2015-0225. 2) LV-2016-0153 issued on August 2, 2016 in the amount of $2,100.53 ($2,000 penalty plus $100.53 enforcement cost). The Division is prepared to offer a settlement of this civil penalty in the amount of $1,700.53 ($1,600 penalty plus $100.53 enforcement cost) which is a 20% reduction in the penalty amount. This settlement offer is valid until June 15, 2017. 3) LV-2016-0154 issued on August 3, 2016 in the amount of $2,600.53 ($2,500 penalty plus $100.53 enforcement cost) which is a 20% reduction in the penalty amount. The Division is prepared to offer a settlement of this civil penalty in the amount of $2,100.53 ($2,0130 plus $100.53 enforcement cost). This settlement offer is valid until June 15, 2017. Should Stanly County decide to accept these settlement offers, the total amount due is $51447.03. You may remit total payment with one (1) check to the Department of Environmental Quality in the amount of $5,447.03 to the following address: 01. 'in. 10961 000 NC DEQ Division of Water Resources 610 E. Center Avenue, Suite 301 Mooresville, NC 28115 ATTN: W. Corey Basinger Retalnage°,(j DI count, DATE COUNTY OF STA 1000 N. 1st. St, Ste' Albemarle, NC Check. No: 141 027 to Tax It Tax (+) Co my Tax (=D TotalPayment 0.00 5,447 t a DESCRIPTION VIL PENALTIES - UTILITIES PAY Five Thousand Four Hundred Forty -Seven and 3/100 Doll TO NC DEQ - DIVISION OF WATER RESOURCES THE ATTN: W. COREY BASINGER ORDER 610 E, CENTER AVE., SUITE 301 OF MOORESVILLE, NC 28115 This disbursement has been approved as required by the Local Government Budget and Fiscal Control Act. Total: 5,447.03 Check No: 141027. Void after 60 Days L4 LD 2 7li0 1:0 5 3 L L L690i: 0 LOD6a 399 7111 Basinger, Corey From: Basinger, Corey Sent: Tuesday, May 30, 2017 10:38 AM To: 'ddavis©stanlycountync.gov' Cc: Scheller, Roberto, Ritner, Andrew Subject: Outstanding civil penalties... Ms. Davis, Thank you for taking the time to speak with Roberto and myself this morning regarding the three (3) outstanding civil penalties issued to Stanly County — West Stanly WWTP. Below please find more details specific to each case: 1) LV-2015-0225 issued on September 24, 2015 in the amount of $2,146.97 ($2,000 penalty plus $146.97 enforcement cost). Stanly County required remission of this penalty in October, 2015 and the Director remitted the penalty by 25% on November 3, 2015 to a total of $1,646.97 ($1,500 penalty plus $146.97 enforcement cost). I do not have the authority to further reduce this civil penalty. Therefore, the amount due is $1,646,97 for outstanding case LV-2015-0225. 2) LV-2016-0153 issued on August 2, 2016 in the amount of $2,100.53 ($2,000 penalty plus $100.53 enforcement cost). The Division is prepared to offer a settlement of this civil penalty in the amount of $1,700.53 ($1,600 penalty plus $100.53 enforcement cost) which is a 20% reduction in the penalty amount. This settlement offer is valid until June 15, 2017. 3) LV-2016-0154 issued on August 3, 2016 in the amount of $2,600.53 ($2,500 penalty plus $100.53 enforcement cost) which is a 20% reduction in the penalty amount. The Division is prepared to offer a settlement of this civil penalty in the amount of $2,100..53 ($2,000 plus $100.53 enforcement cost). This settlement offer is valid until June 15, 2017. Should Stanly County decide to accept these settlement offers, the mtotal amount due is $5 447,03. You may remit total payment with one (1) check to the Department of Envsror in the amount of $5,447.03 to the following address: NC DEQ — Division of Water Resources 610 E. Center Avenue, Suite 301 Mooresville, NC 28115 ATTN: W. Corey Basinger f greatly appreciate your input this morning and your willingness to resolve these cases. Should you have any further questions or comments, please do not hesitate to contact me directly at 704-235-2194. Many thanks, Corey VV. Corey Basinger