WQ0015491_PC-2022-0013_20220302

R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7020 1810 0001 2074 8249
Return Receipt Requested
March 1, 2022
Darren A Hackett, Heir
Russell Harrison Hackett Heirs
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-2022-0013
Randolph County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $798.30 ($700.00
civil penalty + $98.30 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 September 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 September 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 Depatliuent 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:
$350.00 For 1 of the 1 failure to submit NDAR1 monitoring reports or portions of
monitoring reports in violation of Permit No. WQ0015491.
$350.00 For 1 of the 1 failure to submit NDMR monitoring reports or portions of
monitoring reports in violation of Permit No. WQ0015491.
$700.00 TOTAL CIVIL PENALTY
$98.30 Enforcement Costs
$798.30 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: [phone]
Fax: [phone]
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.
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

If you have any questions, please contact the Water Resources staff of the Winston-Salem Regional Office
at 336-776-9800.
Sincerely,
DocuSigned by:by
145B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
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
q.parhnam 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-2022-0013
Assessed Party: Russell Harrison Hackett Heirs
Permit No.: WQ0015491
County: Randolph
Amount Assessed: $798.30
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-2022-0013
Having been assessed civil penalties totaling $798.30 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-2021-0013
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
10/31/2021 9-2021 Late/Missing $350.00
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
10/31/2021 9-2021 Late/Missing $350.00
NDAR-1
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

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-2022-0013
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 November 18, 2020, May
21, 2021, June 29, 2021, and November 4, 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 and provided the electronic submission information.
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 five previous civil penalty assessments, and the facility was noncompliant during
2022, 2019, 2018, 2017, and 2015 inspections.
8) The cost to the State of the enforcement procedures.
$98.30
3/1/2022
Date
�DocuSiiggned by:<
L- l . J,.10.G'
1/4--145B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ