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Home My WebLink AboutNC0079481_Regional Office E-File Scan Up To 1/4/2021 Certified Mail # 7017 2620 0000 9759 1437 Return Receipt Requested June 14, 2019 Dennis J Whitson, Owner 3800 Sugarhill Rd Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2019-LV-0408 Permit No. NC0079481 Harmony Estates WWTP McDowell County Dear Permittee: A review of the May 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________ 001 Effluent Solids, Total Suspended - 5/21/2019 45 77 Daily Maximum Exceeded Concentration (CO530) _________________________________________________________________________________________________________________________________________________________________________ Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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 (SOC). DocuSign Envelope ID: EBAF72DD-A4F1-437C-8840-D09E3441AD9F If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: WQS-ARO Server LF G:\WR\WQ\Mcdowell\Wastewater\Minors\Harmony Estates 79481\20160614_NC0079481_NOV.Docx DocuSign Envelope ID: EBAF72DD-A4F1-437C-8840-D09E3441AD9F Certified Mail # 7019 0700 0000 8867 6074 Return Receipt Requested August 27, 2019 Dennis J Whitson, Owner Harmony Estates 3800 Sugarhill Rd Marion, NC 28752 SUBJECT: Compliance Inspection Report & NOTICE OF VIOLATION Tracking Number: NOV-2019-PC-0608 Permit No. NC0079481 Harmony Estates WWTP McDowell County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Harmony Estates WWTP on August 16, 2019. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NC0079481. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Secondary Clarifier Failure to Operate and Maintain: Remove solids with pumper truck to maintain appropriate sludge blanket depth. The ORC reports that the current condition of the road does not allow pumper truck access. _________________________________________________________________________________________________________________________________________________________________________ Bar Screens Failure to Operate and Maintain: The headworks are accumulating solids that interfere with pumps and plant operation. The ORC reports that the current condition of the road does not allow pumper truck access. The headworks must be accessible to a cleaning/pumper truck for adequate maintenance and solids removal. _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 1C77A476-CEF0-41C5-B86F-84A7DAD15142 In addition, the issues below must also be addressed: Compliance Issue(s): Secure the facility against unauthorized access. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 15 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. If you should have any questions, please do not hesitate to contact Timothy Heim with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: WQS-ARO Server LF G:\WR\WQ\Mcdowell\Wastewater\Minors\Harmony Estates 79481\Inspections\20190827_NC0079481_CEI NOV Ltr A.Docx DocuSign Envelope ID: 1C77A476-CEF0-41C5-B86F-84A7DAD15142 EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N 52 NC0079481 19/08/16 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Harmony Estates WWTP NCSR 1765 Marion NC 28752 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:00AM 19/08/16 15/01/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Phillip Charles Pittman/ORC/828-756-4111/ Other Facility Data 12:00PM 19/08/16 19/12/31 Name, Address of Responsible Official/Title/Phone and Fax Number Dennis J Whitson,3800 Sugarhill Rd Marion NC 28752//828-738-3540/8284384276 Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: 1C77A476-CEF0-41C5-B86F-84A7DAD15142 8/27/2019 8/27/2019 NPDES yr/mo/day 19/08/16 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim of the Asheville Regional Office performed a routine Compliance Evaluation Inspection of the facility on August 16, 2019. Phillip Pittman (ORC) assisted with the records review and facility inspection. The following items of significance were noted during the inspection and should be addressed: The facility must be accessible by pumper truck for removal of solids from the headworks and clarifiers to maintain compliant plant operation. The facility must be secured from unauthorized access and all gates must remained locked. NC0079481 17 (Cont.) Page#2 DocuSign Envelope ID: 1C77A476-CEF0-41C5-B86F-84A7DAD15142 Permit:NC0079481 Inspection Date:08/16/2019 Owner - Facility: Inspection Type: Harmony Estates WWTP Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? All gates to the facility must be locked to prevent unauthorized access.Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? The headworks are accumulating solids that interfere with pumps and plant operation. The ORC reports that the current condition of the road does not allow pumper truck access. The headworks must be accessible to a cleaning/pumper truck for adequate maintenance and solids removal. Comment: Equalization Basins Yes No NA NE Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable? Page#3 DocuSign Envelope ID: 1C77A476-CEF0-41C5-B86F-84A7DAD15142 Permit:NC0079481 Inspection Date:08/16/2019 Owner - Facility: Inspection Type: Harmony Estates WWTP Compliance Evaluation Equalization Basins Yes No NA NE # Is basin size/volume adequate? Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin’s surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/l) Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately ¼ of the sidewall depth) Sludge blanket is above 1/2 sidewall depth per ORC. The clarifier must be accessible to a pumper truck for adequate maintenance and solids removal. Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? Are the tablets the proper size and type? Page#4 DocuSign Envelope ID: 1C77A476-CEF0-41C5-B86F-84A7DAD15142 Permit:NC0079481 Inspection Date:08/16/2019 Owner - Facility: Inspection Type: Harmony Estates WWTP Compliance Evaluation Disinfection-Tablet Yes No NA NE Number of tubes in use?2 Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de-chlorination? Comment: Page#5 DocuSign Envelope ID: 1C77A476-CEF0-41C5-B86F-84A7DAD15142 North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary Water Quality Regional Operations – Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 FAX: 828-299-7043 Internet: http://portal.ncdenr.org/web/wq/ws An Equal Opportunity \ Affirmative Action Employer November 27, 2013 Dennis J Whitson 3800 Sugarhill Rd Marion, NC 28752 SUBJECT: Compliance Evaluation Inspection Harmony Estates WWTP Permit No: NC0079481 McDowell County Dear Mr. Whitson: On October 22, 2013 I conducted a compliance sampling inspection at Harmony Estates. Present during this inspection were Linda Wiggs with the Division of Water Resources, you and Mr. Phillip Pittman. The facility appeared to be marginally compliant with permit NC0079481. The reason for the marginal compliance is the facility is without back up power and is in need of a telemetry type system. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 Sincerely, Katherine H. Jimison Chemistry Technician III Enclosure cc: Mr. Phillip Pittman, ORC (e-copy) Central Files Asheville Files G:\WQ\SWP\McDowell\Wastewater\Minors\Harmony Estates 79481\CSI.10-22-2013.Ltr.doc R • • a rift • ' n 40; .. %. ••. de 4 IF s • '4' 4' • f t, • • • • • • • • 1 • • • • • • gi p •. ;t . /Y tai, • • 1 .. < { i •• 4 • • ry • • •ti • ` �.• 4 • •t j ♦ •spa i ./ • -•� ••Y• s • • • - s. -•• • • iv . �' - J • 1 . :,t`- ft- 1~ • 144• or '• fi_ • ' * ti • i /1 � • • •/ ~ • • • 4 • 11, 1 t • • 1 • • • 4 4 • • • /- .•.' / 411 •• �I • } ; • • i . 4 1.'4 • `y .. '. iyiI •' • • • i 7 • ' • � 1. 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N 1, • . 1- +. - •, • r • • • V • • • • • • • • • • • • • • • • • • • • • / 20 iesso 1 4 i t 1 l r • Le- 26 SIN Section A: National Data System Coding (i.e., PCS) Approval expires 8-31-98 OMB No. 2040-0057 Form Approved.Washington, D.C. 20460 United States Environmental Protection Agency EPA Water Compliance Inspection Report 10/08/01 Permit Effective Date 14/12/31 Permit Expiration Date Harmony Estates WWTP Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Exit Time/Date Other Facility Data NCSR 1765 Marion NC 28752 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) 08:30 AM 10:00 AM /// 13/10/22 13/10/22 N Section B: Facility Data 3676970 71 72 73 74 75 80 NC0079481 S NPDES yr/mo/day Inspection Type InspectorTransaction Code N Fac Type Remarks Inspection Work Days QAB1Facility Self-Monitoring Evaluation Rating C512311121718 19 20 21 66 ---------------------------Reserved---------------------- 13/10/22 Permit Operations & Maintenance Facility Site Review Effluent/Receiving Waters Dennis J Whitson,3800 Sugarhill Rd Marion NC 28752//828-738-3540/ Name, Address of Responsible Official/Title/Phone and Fax Number No Contacted Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) DateAgency/Office/Phone and Fax NumbersName(s) and Signature(s) of Inspector(s) ARO WQ//828-296-4500/Kathy Jimison EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 1Page # 13/10/22NC0079481 NPDES yr/mo/day Inspection Type C 3 11 12 17 18 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (cont.)1 I was assisted in this inspection by Ms. Linda Wiggs, Mr. Philip Pittman (ORC) and Mr. Dennis Whitson. The plant was sampled for BOD, TSS and fecal coliform. The results were as follows: BOD 21 mg/l TSS 25 mg/l Fecal Coliform 120 cfu/100ml A new bar screen has been put in place in the EQ basin however, the spacing of the bars is not adequate to prevent large debris from getting into EQ basin. More bars need to be welded on the screen to retain larger debris, which will prevent it from entering plant. Due to recent violations for TSS and fecal coliform, the plant should be pumped more frequently, to assist in keeping the solids load in compliance. There are no adequate safeguards at the facility should a power outage occur. Refer to Section C #7 of the permit for requirements. A tag along portable generator of sufficient size should be available for this facility. An essential component that needs to be added to this facility is some type of a telemetry system, so when issues arise at the WWTP the ORC can be notified immediately. 2Page # Compliance Evaluation Harmony Estates WWTP 10/22/2013 NC0079481 Inspection Type: Owner - Facility: Inspection Date: Permit: Yes No NA NEOperations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Yes No NA NEPermit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: There have been issues with vandalism at this WWTP. Yes No NA NEBar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: A new bar screen has been put in place in the EQ basin however, the spacing of the bars is not adequate to prevent debris from getting into EQ basin. Yes No NA NEEqualization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable? # Is basin size/volume adequate? 3Page # Compliance Evaluation Harmony Estates WWTP 10/22/2013 NC0079481 Inspection Type: Owner - Facility: Inspection Date: Permit: Yes No NA NEEqualization Basins Comment: Yes No NA NEAeration Basins Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin’s surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/l) Comment: Yes No NA NESecondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately ¼ of the sidewall depth) Comment: Due to recent violations for TSS and fecal coliform, the plant should be pumped more frequently, to assist in keeping the solids load in compliance. Yes No NA NEDisinfection-Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use?2 4Page # Compliance Evaluation Harmony Estates WWTP 10/22/2013 NC0079481 Inspection Type: Owner - Facility: Inspection Date: Permit: Yes No NA NEDisinfection-Tablet Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de-chlorination? Comment: Yes No NA NEDe-chlorination Type of system ?Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de-chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de-chlorinators operational? Number of tubes in use?2 Comment: Yes No NA NEStandby Power Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Is the generator tested under load? Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? Comment: There is no standby or back-up power at this facility. Backup power is a permit requirement. 5Page # ATTACHMENT A Dennis J Whitson LV-2013-0173CASE NUMBER: FACILITY:COUNTY:REGION:Harmony Estates WWTP McDowell AshevillePERMIT:NC0079481 Limit Violations VIOLATION DATE MONITORING REPORT LIMIT CALCULATED VALUEPENALTY OUTFALL/ PPI LOCATION PARAMETER % OVER LIMITFREQUENCY UNIT OF MEASURE VIOLATION TYPE Daily Maximum Exceededmg/lWeekly 17.33BOD - ConcEffluent001$.00 52.84506/18/136-2013 Daily Maximum Exceeded#/100mlWeekly 40.00FEC COLIEffluent001$100.00 56040006/18/136-2013 Daily Maximum Exceededmg/lWeekly 94.00NH3-N - ConcEffluent001$100.00 19.41006/18/136-2013 Monthly Average Exceededmg/lWeekly 186.12NH3-N - ConcEffluent001$250.00 5.72206/30/136-2013 Daily Maximum Exceededmg/lWeekly 7.33TSS - ConcEffluent001$.00 48.34506/18/136-2013 ATTACHMENT A Dennis J Whitson LV-2013-0209CASE NUMBER: FACILITY:COUNTY:REGION:Harmony Estates WWTP McDowell AshevillePERMIT:NC0079481 Limit Violations VIOLATION DATE MONITORING REPORT LIMIT CALCULATED VALUEPENALTY OUTFALL/ PPI LOCATION PARAMETER % OVER LIMITFREQUENCY UNIT OF MEASURE VIOLATION TYPE Daily Maximum Exceeded#/100mlWeekly 17.50FEC COLIEffluent001$.00 47040008/13/138-2013 Daily Maximum Exceededmg/lWeekly 28.67TSS - ConcEffluent001$100.00 57.94508/13/138-2013 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 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. $159.26 _____________________________________________________________ Date G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Dennis J Whitson Facility Name: Harmony Estates WWTP Permit Number: NC0079481 County: McDowell Case Number: LV-2015-0003 Certified Mail # 7012 1010 0002 1965 7970 Return Receipt Requested January 13, 2015 Dennis J Whitson, Owner Dennis J Whitson 3800 Sugarhill Rd Marion, NC 28752 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 Permit No. NC0079481 Dennis J Whitson Harmony Estates WWTP Case No. LV-2015-0003 McDowell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $409.26 ($250.00 civil penalty + $159.26 enforcement costs) against Dennis J Whitson. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Dennis J Whitson for the month of May 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0079481. The violations, which occurred in May 2014, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Dennis J Whitson violated the terms, conditions or requirements of NPDES Permit No. NC0079481 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 Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Dennis J Whitson: North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary 2090 U.S. 70 Highway, Swannanoa, NC 28778 Phone: 828-296-4500 \ Internet: www.ncdenr.gov <http://www.ncdenr.gov> An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper $250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0079481, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $409.26 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 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2 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 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 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: 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 DENR as follows: Mr. John Evans, General Counsel Department of Environment and Natural Resources 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. 4 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for Thomas A. Reeder, Director Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc:WQS Asheville Regional Office - Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0003 County: McDowell Assessed Party: Dennis J Whitson Permit No.: NC0079481 Amount Assessed: $409.26 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 ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND )STIPULATION OF FACTS Dennis J Whitson ) Harmony Estates WWTP ) ) PERMIT NO. NC0079481 ) CASE NO. LV-2015-0003 Having been assessed civil penalties totaling $409.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 13, 2015, 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 , 20_____ __________________________________________ SIGNATURE ADDRESS ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ TELEPHONE ___________________________________________ ATTACHMENT A CASE NUMBER:LV-2015-0003 Dennis J Whitson NC0079481PERMIT:FACILITY:Harmony Estates WWTP COUNTY:McDowell REGION:Asheville PENALTY MONITORING REPORT OUTFALL / PPI PARAMETERLOCATION VIOLATION DATE FREQUENCY UNIT OF MEASURE CALCULATED VALUE % OVER LIMIT VIOLATION TYPE Limit Violations LIMIT $250.00 5-2014 001 NH3-N - ConcEffluent 5/31/14 Weekly mg/l 2.70 36.6 Monthly Average Exceeded 2