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Home My WebLink AboutWQ0015491_PC-2021-0029 and PC-2021-0030_20210629I.OY COOPER. Governor JOHN NICHOLSON Interim Secretory S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality for June 28, 2021 Certified Mail No. 7018 1130 0000 1612 5204 Return Receipt Requested Darren A Hackett, Heir Russel Harrison Hackett Heirs 2518 Race Track Road Sophia, NC 27350 SUBJECT: Civil Penalty Assessments PC-2021-0029 and PC-2021-0030 Permit No. WQ0015491 Caraway Speedway WWTF Randolph County Dear Mr. Hackett: Enclosed are Civil Penalty Assessments (CPA) related to the Notice of Violation and Notice of Intent to Enforce dated May 21, 2021. Each CPA contains the penalty amount, required response, and an attachment summarizing the violation and related penalty. If you have any questions, please contact the Caitlin Caudle at 336-776-9800. Sincerely, DocuSigned by: ..-0D2D3CE3F1 B7456_. Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO NORTH D E Department of Envimnmomni au.i` North Carolina Department of Environmental Quality Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 I.OY COOPER. Governor JOHN NICHOLSON Interim Secretory S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality Certified Mail # 7018 1130 0000 1612 5204 Return Receipt Requested June 29, 2021 Darren A Hackett, Heir Russell Harrison Hackett, Heir 2518 Race Track Road Sophia, NC 27350 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of Non -discharge Permit No. WQ0015491 Russell Harrison Hackett Heirs Caraway Speedway WWTF Case No. PC-2021-0029 Randolph County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $503.70 ($400.00 civil penalty + $103.70 enforcement costs) against Russell Harrison Hackett Heirs. This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Application Report (NDAR1) and the Non -Discharge Monitoring Report (NDMR) submitted by Russell Harrison Hackett Heirs for the month of February 2021. This review has shown the subject facility to be in violation of the limitations and/or monitoring requirements found in Non -discharge Permit No. WQ0015491. The violations, which occurred in February 2021, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Russell Harrison Hackett Heirs violated the terms, conditions or requirements of Non -discharge Permit No. WQ0015491 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 permit required by G.S. 143-215.1(a). NORTH D E Dopartmom of Envimnmomni au.i` North Carolina Department of Environmental Quality Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 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, Lon T. Snider, Regional Supervisor, Winston-Salem Regional Office hereby make the following civil penalty assessment against Russell Harrison Hackett Heirs: $200.00 For 1 of the 1 failure to submit NDAR1 monitoring reports or portions of monitoring reports in violation of Permit No. WQ0015491. $200.00 For 1 of the 1 failure to submit NDMR monitoring reports or portions of monitoring reports in violation of Permit No. WQ0015491. $400.00 TOTAL CIVIL PENALTY $103.70 Enforcement Costs $503.70 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 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 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: LD_E NORTH CAROLINA Department of Environmental quaky Non -Discharge Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 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 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 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. 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 forms should be submitted to the following address: LD_E NORTH CAROLINA Department of Environmental quaky Non -Discharge Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 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 Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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 the Water Resources staff of the Winston-Salem Regional Office at 336-776-9800. Sincerely, DocuSigned by: 0D2D3CE3F 1 B7456... Jennifer F. Graznak, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO LD_E NORTH CAROLINA Department of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Attachments cc: Randolph County Environmental Health Chloe Lloyd — DWR CO, ND Permitting & Compliance Unit DWR WQ Central Office — Permit File WQ0015491, WSRO Files LD_E NORTH CAROLINA gapartmeM of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2021-0029 Assessed Party: Russell Harrison Hackett Heirs Permit No.: WQ0015491 County: Randolph Amount Assessed: $503.70 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 factors 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 why 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). EXPLANATION: LD_E NORTH CAROLINA Department of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Russell Harrison Hackett Heirs Caraway Speedway WWTF PERMIT NO. WQ0015491 ) ) ) ) CASE NO. PC-2021-0029 Having been assessed civil penalties totaling $503.70 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, 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 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 LD_E NORTH CAROLINA Department of Environmental quaky SIGNATURE ADDRESS TELEPHONE North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 ATTACHMENT A PERMIT: FACILITY: Russell Harrison Hackett Heirs CASE NUMBER: PC-2021-0029 WQ0015491 REGION: Winston-Salem Caraway Speedway WWTF COUNTY: Randolph REPORTING VIOLATION(S) Sample Location: Violation Report Parameter Frequency Unit of Limit Calculated % Violation Penalty Date Month/Yr Measure Value Value Over Type Amount Limit 2/28/2021 2-2021 Late/Missing $200.00 NDMR REPORTING VIOLATION(S) Sample Location: Violation Report Parameter Frequency Unit of Limit Calculated % Violation Penalty Date Month/Yr Measure Value Value Over Type Amount Limit 2/28/2021 2-2021 Late/Missing $200.00 NDAR-1 LD_E NORTH CAROLINA Department of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Russell Harrison Hackett Heirs Facility Name: Caraway Speedway WWTF Permit Number: W00015491 County: Randolph Case Number: PC-2021-0029 ASSESSMENT FACTORS 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; No documented harm was done to natural resources, to public health, or to private property. 2) The duration and gravity of the violation; Late or missing monthly reports, Non Discharge Monitoring Reports and Non Discharge Application Reports, have been a chronic issue for many years. This violation has been noted in a previous Notice of Intent to Enforce dated April 2, 2018, a Notice of Deficiency dated January 23, 2019, Notice of Violations dated May 4, 2020, August 21, 2020, September 9, 2020, and October 28, 2020, and a Notice of Violation and Notice of Intent to Enforce dated January 28, 2021. 3) The effect on ground or surface water quantity or quality or on air quality; No documented effects of ground or surface water quantity or quality or on air quality. 4) The cost of rectifying the damage; Unknown at this time. 5) The amount of money saved by noncompliance; Unknown at this time. 6) Whether the violation was committed willfully or intentionally; The permittee received multiple notices that of the requirements for submitting monthly reporting forms. 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 There have been three previous civil penalty assessments, and the facility was noncompliant during 2019, 2018, 2017, and 2015 inspections. 8) The cost to the State of the enforcement procedures. $103.70 6/29/2021 Date rS Docu Signed by: e'n n t en, ,) tiu'15n.u.k- 0D2D3CE3F1B7456... Jennifer F. Graznak, Asst Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ I.OY COOPER. Governor JOHN NICHOLSON Interim Secretory S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality Certified Mail # 7018 1130 000 1612 5204 Return Receipt Requested June 29, 2021 Darren A Hackett, Heir Russell Harrison Hackett, Heir 2518 Race Track Road Sophia, NC 27350 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of Non -discharge Permit No. WQ0015491 Russell Harrison Hackett Heirs Caraway Speedway WWTF Case No. PC-2021-0030 Randolph County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $503.70 ($400.00 civil penalty + $103.70 enforcement costs) against Russell Harrison Hackett Heirs. This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Application Report (NDAR1) and the Non -Discharge Monitoring Report (NDMR) submitted by Russell Harrison Hackett Heirs for the month of January 2021. This review has shown the subject facility to be in violation of the limitations and/or monitoring requirements found in Non -discharge Permit No. WQ0015491. The violations, which occurred in Janurary 2021, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Russell Harrison Hackett Heirs violated the terms, conditions or requirements of Non -discharge Permit No. WQ0015491 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 permit required by G.S. 143-215.1(a). NORTH D E Dopartmom of Envimnmomni au.i` North Carolina Department of Environmental Quality Division of Water Resources Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 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, Lon T. Snider, Regional Supervisor, Winston-Salem Regional Office hereby make the following civil penalty assessment against Russell Harrison Hackett Heirs: $200.00 For 1 of the 1 failure to submit NDAR1 monitoring reports or portions of monitoring reports in violation of Permit No. WQ0015491. $200.00 For 1 of the 1 failure to submit NDMR monitoring reports or portions of monitoring reports in violation of Permit No. WQ0015491. $400.00 TOTAL CIVIL PENALTY $103.70 Enforcement Costs $503.70 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 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 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: LD_E NORTH CAROLINA Department of Environmental quaky Non -Discharge Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 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 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 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. 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 forms should be submitted to the following address: LD_E NORTH CAROLINA Department of Environmental quaky Non -Discharge Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 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 Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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 the Water Resources staff of the Winston-Salem Regional Office at 336-776-9800. Sincerely, DocuSigned by: 0D2D3CE3F 1 B7456... Jennifer F. Graznak, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO LD_E NORTH CAROLINA Department of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Attachments cc: Randolph County Environmental Health Chloe Lloyd — DWR CO, ND Permitting & Compliance Unit DWR WQ Central Office — Permit File WQ0015491, WSRO Files LD_E NORTH CAROLINA gapartmeM of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2021-0030 Assessed Party: Russell Harrison Hackett Heirs Permit No.: WQ0015491 County: Randolph Amount Assessed: $503.70 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 factors 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 why 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). EXPLANATION: LD_E NORTH CAROLINA Department of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Russell Harrison Hackett Heirs Caraway Speedway WWTF PERMIT NO. WQ0015491 ) ) ) ) CASE NO. PC-2021-0030 Having been assessed civil penalties totaling $503.70 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, 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 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 LD_E NORTH CAROLINA Department of Environmental quaky SIGNATURE ADDRESS TELEPHONE North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 ATTACHMENT A PERMIT: FACILITY: Russell Harrison Hackett Heirs CASE NUMBER: PC-2021-0030 WQ0015491 REGION: Winston-Salem Caraway Speedway WWTF COUNTY: Randolph REPORTING VIOLATION(S) Sample Location: Violation Report Parameter Frequency Unit of Limit Calculated % Violation Penalty Date Month/Yr Measure Value Value Over Type Amount Limit 1/31/2021 1-2021 Late/Missing $200.00 NDMR REPORTING VIOLATION(S) Sample Location: Violation Report Parameter Frequency Unit of Limit Calculated % Violation Penalty Date Month/Yr Measure Value Value Over Type Amount Limit 1/31/2021 1-2021 Late/Missing $200.00 NDAR-1 LD_E NORTH CAROLINA Department of Environmental quaky North Carolina Department of Environmental Quality j Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Russell Harrison Hackett Heirs Facility Name: Caraway Speedway WWTF Permit Number: W00015491 County: Randolph Case Number: PC-2021-0030 ASSESSMENT FACTORS 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; No documented harm was done to natural resources, to public health, or to private property. 2) The duration and gravity of the violation; Late or missing monthly reports, Non Discharge Monitoring Reports and Non Discharge Application Reports, have been a chronic issue for many years. This violation has been noted in a previous Notice of Intent to Enforce dated April 2, 2018, a Notice of Deficiency dated January 23, 2019, Notice of Violations dated May 4, 2020, August 21, 2020, September 9, 2020, and October 28, 2020, and a Notice of Violation and Notice of Intent to Enforce dated January 28, 2021. 3) The effect on ground or surface water quantity or quality or on air quality; No documented effects of ground or surface water quantity or quality or on air quality. 4) The cost of rectifying the damage; Unknown at this time. 5) The amount of money saved by noncompliance; Unknown at this time. 6) Whether the violation was committed willfully or intentionally; The permittee received multiple notices that of the requirements for submitting monthly reporting forms. 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 There have been three previous civil penalty assessments, and the facility was noncompliant during 2019, 2018, 2017, and 2015 inspections. 8) The cost to the State of the enforcement procedures. $103.70 6/29/2021 Date -DocuSigned by: '-0D2D3CE3F1B7456... Jennifer F. Graznak, Asst Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ