HomeMy WebLinkAboutNC0028827_MV-2016-0016_20161209' PAT iNiC'CRORY
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DONALD R- VAN DER VAART
tNVIR6..NMENrALdUALI�Y "S- JAY Z1MMERIvIAN
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Certified Mail # 7013 2630 00021133 6457
Return Receipt Requested
RECEIVEDINCDEQIDWR
December 09, 2016 DEC 21 2016
F Patrick Ausband Water Quality
Snug Harbor Management LLC Permitting Section
PO Box 150
Sealevel, NC 28577-0150
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028827
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
Case No. MV -2016-0016
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $232.25 ($115.00 civil penalty +
$117.25 enforcement costs) against Snug Harbor Management LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Snug Harbor Management LLC for the month of August 2016. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0028827.
The violations, which occurred in August 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Snug Harbor Management LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028827 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 maybe
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, James H. Gregson,
Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Snug Harbor
Management LLC:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
$115.00 for 1 of the 1 failures to properly monitor TSS - Cone in violation of Permit No. NC0028827. ;
$115.00 TOTAL CIVIL, PENALTY
$117.25 Enforcement Costs
$232.25 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.
Wastewater Branch
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: , -4i,,
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 14313-282.1(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 thidy Q 0) 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:
Wastewater Branch
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 Heariny_s:
F
If you wish to contest any statement in the attached assessment donmdnt 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 (3 0) 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 arl 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919) 733-2698
Fax: (919) 733-3478
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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 (3 0) 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 maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at (910) 796-7215 or via email at dean.hunkele@ncdenr.gov.
Sincerely,
J H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
JUSTIFICATION,FOR REMISSION REQUEST
Case Number: W-2016-0016 County: Carteret
Assessed Party: Snug Harbor Management LLC
Permit No.: NCO028827 Amount Assessed: $232.25
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 wiry 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)
ccurrences);
(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:
t
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Snug Harbor Management LLC )
Snug Harbor on Nelson Bay WWTP )
PERMIT NO. NCO028827 ) CASE NO. MV -2016-0016
Having been assessed civil penalties totaling $232.25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 09, 2016, 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
nit7lt]:��i►Y.
TELEPHONE
SIGNATURE
20
ATTACHMENT A
Snu j' Harbor Management LLC
CASE NUMBER: MV -2016-0016
PERMIT: NCO028827 REGION: Wilmington
FACILITY: Snug Harbor on Nelson Bay WWTP COUNTY: Carteret
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
8/6/2016 8-2016 Solids, Total Weekly mg/I Frequency $115.00
Suspended- Violation
Concentration
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: SnuI4 Harbor Management LLC
Facility Name: Snug Harbor on Nelson Bay WWTP
Permit Number: NCO028827
County: Carteret
Case Number: MV -2016-0016
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;
2) The duration and gravity of the viola 'on;
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;
Gf✓ vs "(1/tom J
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.
$117.25
6 ,
D to =:tuality
. Gregson, RegioJ61 upervisor
Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
NPDES PERMIT NO:. NCO028827
DISCHARGE NO. 103 MONTH August YEAR 2016 ,
FACILITY NAME Snua Harbor on Nelson Bay
CLASS . II COUNTY Carteret \ -
CERTIFIED LABORATORY .(I) Environment 1
CERTIFICATION NO. 10
(list additional laboratories on the backside/page 2 of this fohn)
OPERATOR IN RESPONSIBLE CHARGE (ORC)
Joseph E. Behan GRADE 4 CERTIFICATION NC 997518
PERSON(S) COLLECTING SAMPLES J. Fulcher, Joseph
E. Behan ORC PHONE (252) 225-4411 ext. 223
CHECK BOX IF ORC HAS CHANGED ®
NO FLOW / DISCHARGE FROM SITE "
Mail ORIGINAL and ONE COPY to:
ATIN:CENTRAL FILES '
u
DIVISION OF WATER QUALITY
(I OF RATOR IN RESPONSIBLE G DATE
1617 AIAIL SERVICE CENTER
'BY SIGNATURE, I CERTIFY THAT THIS REPORT IS '
RALEIGH NC 27699-1617
AC TE AND COMPLETE TO THE BEST OF MY KNOWLEDGE,
E
50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 61211
FLOW w Q 2 ENTER PARAMETER CODE ABOVE
S o t- ix
EFF m m p J W J W M J (NAME AND UNITS BELOW
ao S in IN �2 x W= Oo p0 }WD ULLu Jt= f�-O ax
q«n m O >„W n� y �0.... .m0.� cam OG:�'WJ tOel} O Om a
2;4
a U Ja MU ❑❑W �� a-=� to OE y0 t -'us a _. �_. e
0 CD IL
ARS RRSj Y/B/N MGD 0C UNITS UG/L MG/L MG/L MG/L AGOOMLI MG/L MG/L MG/L
2 7:40 8 Y 0.013 —20
.h0:0.14
4 7:04 8 Y 0.014 25-9 8.1 20 Q.0 0.06 7.5 1
, .
6
.E t. it
77
8 7:40 8 Y- 0.040
9 7:-35 87 sY
10 7:30 8 Y 0.012
12 7:20 8 Y 0.012
14
16 7:30 8 Y 0.015 20
18 7:35 8 Y 0.011 26.8 1 7.9 20 Q.0 0.07 3.8 7.8. <1
20
21 n a s
22 7:30 8 Y 0.026
16 i ..r
.. .., _. .. ...... ...... ..., r.... � .?..,_ ,..v ..... ... ...... ..... ._ ., , .....ate , . .
24 7:30 8 Y 0.008
� ,,,�. ,0.8 Q,....�•�''!a .E. �1;, `...c �t.�..:: .{.E,'.
26 7:25 S. Y 0.008
28
U,
30 7:40 '8. -.Y.' .0.010 -20
AVERAGE . 0.017 26.1 15.56 2.2 0.08 4.3 7.8 1
AMvE*KUM 0.008: "24.8 -7.4 10.00 2.2 0.06 3.8 7:5 1"
s
Marbly Limit 0.020 >6.8/<8.5 30 30 >5,0 35
SSP 2Q16� 1.120
.. licy Re��onal
pea oSend l p{I'Ice
Re, `
\N on .
Facility Status: (]Flease check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompiiance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. 1.
If the facility is noncondpinant, please attach a list of corrective actions being taken _and a tine -table for
improvements to be made as required by ]Fart H.)E.6 of the IMIDES permit,
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best'of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
F. Pattick.Ausband for Snug Harbor
Permittee (Please print or type)
Signature of ttee** Date
(Required unless submitted electronically)
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTI FI<ED LABORATORIES
Certified Laboratory (2) Certification No.
Certified Laboratory (3) Certification No.
Certified Laboratory (4)
Certification No.
Certified Laboratory (5)
PARAMETER CODES .
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5053 or by visiting the Surface
'mater Protection Section's web site at h2o.enr.state nc us/was and linking to the unit's information pages..`
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameter's on the DMR for the entire monitoring period.
ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
x ** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
Pam 2
Certified f afl # 7013 2630 0002 11133 6259
Return Receigt Reg uested
November 1, 2016
F Patrick Ausband
Snug Harbor Management LLC
PO Box 150
Sealevel, NC 28577-0150
SUBJECT: NOTICE OF VIIOLATIION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-MV-0126
Permit No. NCO028827
Snug Harbor on Nelson Bay WVVTP
Carteret County
Dear Permittee:
PA T-::PtrlCCR OR.1. 7
S..�r 5''—ZIM RVI -N`
A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Monitoring Viollatign(EI:
Samplle
Location Parameter
Week Ending Moniltoring
Date Frequency Type of Vioiation
001 Effluent Solids, Total Suspended - 8/6/2016 Weekly Frequency Violation
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
r6iew of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
vioilations. If no response is received in this Office within the 10 -day period, a civill penalty
assessment may be prepared.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the S
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e -DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wq/admin/bog/pu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
3
�� 6
Jame `s�..)Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
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