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HomeMy WebLinkAboutNC0030325_LR20230001_20230105DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: A&D Water Service Inc Facility Name: Buffalo Meadows WWTP Permit Number: NCO030325 County: Ashe Case Number: LR-2023-0001 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; The degree and extent of harm to the natural resources of the State, to public health and private property has not been determined with certainty. The degree and harm of this violation has the potential to be moderate as late DMRs may have limit or frequency violations that could not be addressed in a timely manner due to receiving DMR late. 2) The duration and gravity of the violation; The duration and gravity of the violation is moderately significant. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on ground or surface water with possible limit or frequency violations not addressed in timely manner due to late submittal can have impacts on surface water quality. 4) The cost of rectifying the damage; The cost of rectifying the damage has not been measured with certainty at this time. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance has not been conclusively calculated and it is uncertain whether such costs have been considered. 6) Whether the violation was committed willfully or intentionally; It is believed that the violation was neither willful nor intentional. 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 In the past 12 months prior to August 2022, the facility has had 8 violations concerning late/missing DMRs. These violations resulted in 5 NODs and 2 NOVs and 1 Enforcement case. 8) The cost to the State of the enforcement procedures. $108.51 Docu Siiggned by: �n. l . S'at' 1/6/202 3 145B49E225C94EA... Date Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Certified Mail # 7020-3160-0002-0860-9277 Return Receipt Requested January 05, 2023 Aubrey Lewis Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements Case No. LR-2023-0001 Buffalo Meadows WWTP NPDES WW Permit No. NCO030325 Ashe County Dear Mr. Deaver: This letter transmits a notice of a civil penalty assessed against A&D Water Service Inc in the amount of $358.51 (includes $108.51 in enforcement costs). This assessment is based upon the following facts: the August 2022 discharge monitoring report ("DMR'� was not filed with the Division of Water Resources within the thirty (30) calendar days after the end of the reporting period for which the report is made [per 15A NCAC 02B .0506]. Report Period Due Date Received Date Days Late August 2022 9/30/2022 97 A Notice of Violation NOV-2022-LR-0083 was sent to you for failure to submit the August -2022 DMR no later than the thirtieth (30th) day following the reporting period. This notice was received by you on 11/30/2022 Within said notice, you were informed to "submit the missing report within fifteen (15) days of receipt of the notice to prevent further action. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 336,776.4800 The State's enforcement costs in this matter may be assessed against A&D Water Service Inc pursuant to NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(b)(8). Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO030325 and G.S. 143-215.65 in the manner and extent shown above. 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). 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 A&D Water Service Inc: 250.00 For violation of NCGS 143-215.65 and NPDES Permit 8-2022, for failing to submit the Discharge Monitoring Report for NC0030325. 108.51 Enforcement Costs 358.51 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: Water Quality Permitting Section NC DEQ/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 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: Water Quality Permitting Section NC DEQ/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 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: 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 Patricia Lowery with the Division of Water Resources staff of the Winston-Salem Regional Office at (336) 776-9691 or via email at tricia.lowery@ncdenr.gov. Sincerely, DocuSiTgned by: %A. l . 5,,. Gf -4'ME225CMEA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ ATTACHMENTS 1. Justification for Remission Request 2. Waiver of Right to an Administrative Hearing and Stipulation of Facts JUSTIFICATION FOR REMISSION REQUEST Case Number: LR-2023-0001 County: Ashe Assessed Party: A&D Water Service Inc Permit No.: NC0030325 Amount Assessed: $358.51 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF ASHE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS A&D Water Service Inc ) Buffalo Meadows WWTP PERMIT NO. NCO030325 ) CASE NO. LR-2023-0001 Having been assessed civil penalties totaling $358.51 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 05, 2023, 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 ADDRESS TELEPHONE SIGNATURE 20