HomeMy WebLinkAboutNC0085936_LM-2004-0037_20040901 WA rF k4ch al F.Easlay.Gowsmor
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�0 q�G William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
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September 1, 2004 .-- - -- - --
CERTIFIED MAIL ts
RETURN RECEIPT REQUESTED u L
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Mark Williams 9 2Q04
Jerry G Williams&Sons Inc
PO Box 2430
Smithfield,NC 27577 t C,R - ti°,",TLB QUALITY
Poa SGuRCE BRANCH i
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina Genua StatuteG.S. 44,3--2t5.+(0(6Y—` --""
and NPDES Permit NCO085936
Jerry G Williams&Sons Inc
Wet Log Deck Storage site
Case No. LM-2004-0037 `
Johnston County
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Dear Mr. Williams:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of ,
$1,141.40($1,100.00 civil penalty+$41.40 enforcement costs)against Jerry G Williams& Sons
Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Jerry G Williams&Sons Inc for the month of June 2004.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085936. The violations which occurred in
June 2004 are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Jerry G Williams& Sons Inc
violated the terms,conditions or requirements of NPDES Permit NCO085936 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(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 Environment and Natural Resources and the
Director of the Division of Water Quality,L Kenneth Schuster,P.E.,Division of Water Quality
Regional Supervisor for the Raleigh Region,hereby make the following civil penalty assessment
against Jerry G Williams&Sons Inc:
Raleigh Regional Office 1628 Mail Service Centers phone(919)571-4700 Customer Service
Water Quality Section Raleigh,NC 27699-1628 NCDENR facsimile (919)5714718 1-877-623-6748
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` Carolina
, turally
Jerry Williams 8t Sons,Inc.
Case No. LM-2004-0037
4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
400.00 NC0085936,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/SET.
1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
500.00 NC0085936,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/SET.
25.00 For 1 of the 1 failures to properly monitor NO2&NO3 in violation of
NPDES Permit No. NC0085936.
25.00 For 1 of the I failures to properly monitor PHOS-TOT in violation
of NPDES Permit No.NC0085936.
25.00 For 1 of the 1 failures to properly monitor TOT KJEL in violation of
NPDES Permit No. NC0085936.
25.00 For 1 of the 1 failures to properly monitor TOTAL N in violation of
NPDES Permit No. NC0085936.
100.00 For 4 of the 4 failures to submit monitoring reports or portions of
monitoring reports in violation of NPDES Permit No. NC0085936.
$1,100.00 TOTAL CIVIL PENALTY
41.40 Enforcement Costs
1 141.40 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: i
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+ Jerry Williams&Sons,Inc.
Case No.LM-20040037
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources(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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
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 Quality 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
f _ 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 the Division of Water Quality 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 w
important that you prepare a complete and thorough statement in support of your request for `
remission.
Jerry WiHisrms&sons,Inc.
Case No.LM-2004-0037
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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 original and one(1)copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone(919)733-2698 Facsimile: (919) 733-3478
and
Mail or hand-deliver a copy of the petition to
Dan Oakley,General Counsel
Department of Environment and Natural Resources i
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.
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JUSTIFICATION FOR REMISSION REQUEST - .n
DWQ Case Number: LM-2004-0037 County: Johnston
Assessed Party: Jerry G Williams& Sons Inc
Permit No. (if applicable): NC0085936 Amount Assessed:&1,141.40
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. y
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 applies. 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 a
penalty assessment document);
i
(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 j
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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF JOHNSTON
Jerry G Williams&Sons Inc
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINSTRATIVE HEARING AND
Wet Log Deck Storage Site ) STIPULATION OF FACTS
PERMIT NO.NCO085936 ) FILE NO. LM-2004-0037
Having been assessed civil penalties totaling$1,141.40 for violation(s)as set forth in the
Division of Water Quality assessment document for the above file number,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 Quality 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
SIGNATURE
ADDRESS
TELEPHONE
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.Case No.LM-2004-0037 ;`, Y•
If you have any questions,please contact the Water Quality staff of the Raleigh Regional Office at
919-571-4700. r
Sincerely,
)IN
J. Kenneth Schuster,P.E.
r.•` a, Water Quality Regional Supervisor
Raleigh Regional Office `•g
ATTACHMENTS =r K I•'
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Enforcement File w/attachments
Central Files w/attachments , tt '_
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ATTACHMENT A
Jerry IS Williams&Sons Inc
CASE NUMBER: LM-2004-0037
PERMIT: NCOOSS936 FACILITY: Wet Log Deck Storage site COUNTY: Johnston REGION: Raleigh i
Limit Violations
MONITORING OUTFALU VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 6-2004 001 Effluent RES/SET 06103101 Weepy mill 0.2 0.5 150.00 Daily Maximum Exceeded
$100.00 6.2004 001 Effluent RES/SET 06/17/04 Weepy mN 0.2 0.3 50.00 Daily Maximum Exceeded
$100.00 6-2004 001 Effluent RES/SET 06124/04 Weepy mill 0.2 0.6 200.00 Daily Maximum Exceeded
$100.00 6-2004 001 Effluent RESISET 06/30/04 Weepy mill 0.2 1 400.00 Daily Maximum Exceeded
$500.00 6-2004 001 Effluent RESISET 06/30/04 Weepy mill 0.1 0.5 400.00 Monthly Average Exceeded
Monitoring Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$25.00 6-2004 001 Effluent NO2&NO3 06/03104 Quarterly mgA Frequency Violation
$25.00 6-2004 001 Effluent PHOS-TOT 06/03/04 Quarterly mol Frequency Violation
$25.00 6-2004 001 Effluent TOT KJEL 08/03/04 Quarterly mol Frequency Violation
$25.00 6-2004 001 Effluent TOTAL N 08103/04 Quarterly mgA Frequency Violation
Regarting Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$25.00 6-2004 001 Effluent NO28NO3 06103/04 Quarterly mgA Parameter Missing
$25.00 6-2004 001 Effluent PHOS-TOT 06/03/04 Quarterly mgA Parameter Missing 7
$25.00 6-2004 001 Effluent TOT KJEL 06/03/04 Quarterly mgA Parameter Missing
$25.00 6-2004 001 Effluent TOTAL N 06103104 Quarterly mgA Parameter Missing )
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