The URL can be used to link to this page

Home My WebLink AboutNC0070289_LR-2016-001 Remission Request_20160222w Water Resources ENVIRONMENTAL QUALITY March 30, 2016 CERTIFIED MAIL 7013 2630 00018998 4391 RETURN RECEIPT REQUESTED Ms. Julia Zeledon Stones Throw Homeowners Association PO Box 1495 Harrisburg, NC 28075-1495 Dear Mr. Zeledon: PAT MCCRORY Governor DONALD R. VAN DER VAART secrelary S. JAY ZIMMERMAN Subject: Remission Request of Civil Penalty Assessment & Correction pages for Case No. LR -2016-0001 NPDES Permit NCO070289 Ridgewood Farms Subdivision Cabarrus County Dlreclor This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. We would like to take this opportunity to make a correction to the assessment documents that were sent to you dated February 22, 2016. Upon review of Case No. LR -2016-001, it was noted that the incorrect month, December 2015, was referenced twice in the assessment documents. For the record, please find the attached correction pages 1 and 2 for Case No. LR -2016-0001 referencing November 2015 as the missing DMR. Please note as of the date of this letter, DWR has not received the November 2015 DMR. If you have any questions about this matter, please contact Derek Denard at (919) 807-6307 or via e-mail at derek.denard@ncdenr.gov. ncere , G John E. Hennessy Division of Water Resources, DEQ cc: Enforcement File w/originals NPDES Program Files Central Files Wattachments Mooresville Regional Office w/attachments State of North Carolina I Environmental Quality I Water Resources 1617 Mail seance Center I Raleigh, North Carolina 27699-1617 919 807 6300 Water Resources ENVIRONMENTAL QUALITY February 22, 2016 CERTIFIED MAIL 7013 2630 0001 8998 4353 RETURN RECEIPT REQUESTED Ms. Julia Zeledon Stones Throw Homeowners Association PO Box 1495 Harrisburg, NC 28075-1495 PAT MCCRORY co,>e mor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Correction pages for February 22, 2016 Letter SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements NPDES Permit NCO070289 Ridgewood Farms Subdivision Case No. LR -2016-0001 Cabarrus County Dear Mr. Zeledon: Director This letter transmits a notice of a civil penalty assessed against Stones Throw Homeowners Association — Ridgewood Farms Subdivision in the amount of $600.00 (includes $100.00 in enforcement costs). This assessment is based upon the following facts: the November 2015 discharge monitoring report ("DMR") was not filed with the Division of Water Resources within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in the subject NPDES permit. As of the date of this document, DWR has not received the November 2015 DMR. • A Notice of Violation (NOV-2015-LR-0015) was sent to you for failure to submit the December 2014 DMR no later than the thirtieth (301h) day following the reporting period. This notice was received by you on March 19, 2015. Within said notice, you were informed that future reports not received within the required time frame, the next 12 reporting months, would result in a recommendation for assessment of civil penalties. • A Notice of Violation (NOV-2016-LR-00002) was sent to you for failure to submit the November Domer 2015 DMR no later than the thirtieth (301h) day following the reporting period. This notice was received by you on February 9, 2016. The State's enforcement costs in this matter may be assessed against Stones Throw Homeowners Association — Ridgewood Farms Subdivision Home Estates 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 Stones Throw Homeowners Association — Ridgewood Farms Subdivision violated the terms, conditions or requirements of NPDES Permit NCO080195 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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone- 919-807-6300 \Internet: www ncwaterquallty org An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper Stones Throw Homeowners Association — Ridgewood Farms Subdivision Case No.: LR -2016-0001 February 22, 2016 Page 2 of 5 of Water Resources, I hereby make the following civil penalty assessment against the Stones Throw Homeowners Association — Ridgewood Farms Subdivision: $ 500.00 For violation of NCGS 143-215.65 and NPDES Permit NC0070289, for failing to submit the Discharge Monitoring Report for November Deeembe 2015. $ 100.00 Enforcement Costs $ 600.00 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 days of receipt of this notice, you must do one of the following: 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: Division of Water Resources Wastewater Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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