NC0038822_TX-2012-0004_20020813

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North Carolina
Beverly Eaves Perdue
Governor
NCDIENR
Department of Environment and Natural Resources
Division of Water Quality
CERTIFIED MAIL: 7007 1490 0004 5533 6783
RETURN RECEIPT REQUESTED
Mr. Billy Payne
Central Care, Inc.
139 Apex Lane
Mount Airy, NC 27030
Charles Wakild, P.E.
Director
August 13, 2012
E
AUG 16 2012
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and
NPDES Permit No. NCO038822
Central Care WWTP
Surry County
TX 2012-0004
Dear Mr. Payne:
This letter transmits a Civil Penalty assessment aLgjamst Central Care WWTP in the amount of $ 2-ol J
($ '1 oo' ) , o b civil penalty + $ - %/- S, L enforcement costs).
Dee Freeman
Secretary
G C.J
This assessment is based upon the following facts. A review of the facility's toxicity self -monitoring data from May,
2012 has been conducted. The review has shown Central Care WWTP to be in violation of the 90.0 % chronic toxicity
effluent discharge limitation found in NPDES Permit No. NCO038822. The facility's toxicity self -monitoring reports for
March through May revealed the following effluent toxicity permit limit violations.
March 20, 2012 Fail (7 day PtF) non -compliant
April 3, 2012 >100% (7 day chronic value) compliant
May 1, 2012 67.1 % (7 day chronic value) non -compliant
The average chronic value for the quarter (84.0%) is less than the chronic Jimit for the facility (90.0%).
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] \ FAX: [phone] Customer Service:1-877-623-6748
Internet: http://l12o.enr.state.nc.uslesb/
One
NofthCarolin.a
7aurally
An Equal Opportunity 1 Affirmative Action Employer

Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural. Resources (do not include
waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new
violation(s).
Please submit payment to the attention of -
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
KO
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) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(2) the violator promptly abated continuing environmental damage resulting from the violation;
(3) the violation was inadvertent or a result of an accident;
(4) the violator had been assessed civil penalties for any previous violations;
(5) payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] l FAX: [phone] l Customer Service:1-877-623-6748
Internet http:lih2o.enr.state.hc.us/esb/
One
North.Carohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer

A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 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.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty. If you have any questions about this civil penalty assessment, please contact Mr. John Giorgino at 919-743-8441
or me at 919-743-8442.
5-Ir�-(y
Date
Cindy Moore
Supervisor, Aquatic Toxicology Unit
cc: - Corey Basinger- Winston-Salem Regional Office w/attachments
Jenifer Carter- Winston-Salem Regional Office w/attachments
Point Source Branch File w/attachments
John Giorgino -Aquatic Toxicology Unit w/attachments
Central Files w/attachments
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina.27607
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: http:llh2o.enr.state.nc.us/esb/
One
Northfuolina
laharalll� f
An Equal Opportunity 1 Affirmative Action Employer

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: TX-2012-0004
Assessed Party: Central Care WWTP
Permit No. (if applicable): NC0038822
County: Surry
Amount Assessed: $
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 -
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 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 ftom performing
the activities necessary to achieve compliance).
EXPLANATION:

1
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CENTRAL CARE WWTP
NPDES PERMIT NO. NCO038822
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. TX-2012-0004
Having been assessed civil penalties totaling for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
, the undersigned, desiring to seek remission of the civil penalties, 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 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 )2012.
BY
ADDRESS
TELEPHONE