NC0035904_TX-2021-0001_20210125

STATE,.
ROY COOPER
�I
MICHAEL S.REGAN
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director EnvlconmentalQualtry
January 25, 2021
CERTIFIED MAIL: 7011 2000 0002 3103 2237
RETURN RECEIPT REQUESTED
Mr. Jeffrey T. O'Briant
McCain Hospital-Dept. of Public Safety
4216 MSC
Raleigh,NC 27699-4216
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.l(a)(6)
NPDES Permit No. NCO035904
McCain Hospital-Dept. of Public Safety
Hoke County
TX-2021-0001
Dear Mr. O'Briant:
This letter transmits a Civil Penalty assessment against McCain Hospital-Dept. of Corrections
in the amount of$2,036.94 2 0.00 civil penalty+ $36.94 enforcement costs).
This assessment is based upon the following facts. A review of the facility's toxicity self-
monitoring data from the months of July through September 2020 has been conducted. The
review has shown McCain Hospital-Dept. of Public Safety failed to monitor according to their
NPDES Permit No.NC0035904. The facility's toxicity self-monitoring reports for July 2020
through September 2020 revealed the following effluent toxicity permit limit violations:
July 13, 2020 FAIL (7-day P/F) non-compliant
August 24, 2020 23.7% (7-day chronic value)non-compliant
September 28, 2020 >100%(7-day chronic value) compliant
The average chronic value for the quarter is 61.85%, which is lower than the chronic limit for the
facility(67%).
Based upon the above fact(s), I conclude as a matter of law that McCain Hospital-Dept. of Public
Safety violated the terms, conditions or requirements of NPDES Permit No.NCO035904 and
N.C.G.S 143-215.l(a)(6) in the manner and extent shown above.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1623 Mail ServloeCtnter I Raleigh,North-Carolina 276991623
rmw�.nmm.nmmuawr 919.733.3908

A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may
be assessed against a person who violates the terms, conditions or requirements of a permit
required by N.C.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, Cindy Moore, Supervisor, Aquatic Toxicology
Branch,hereby make the following civil penalty assessment against McCain Hospital-Dept. of
Corrections:
$ 1,000 For 1 of 2 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No.NC0035904, by discharging waste
into the waters of the State in violation of the facility's
permit effluent limit for chronic toxicity for July 13,
2020.
$ 1,000 For 2 of 2 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0035904, by discharging waste
into the waters of the State in violation of the facility's
permit effluent limit for chronic toxicity for August 24,
2020.
$ 36.94 Enforcement costs.
$ 2,036.94 C: 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.l(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 receipt of this notice, you must do one of the following:
1. 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:
Water Quality Permitting Section
Wastewater Branch
Division of Water Resources
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 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.I(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.

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 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:
Water Sciences Section
Division of Water Resources
1621 Mail Service Center
Raleigh,NC 27699-1621
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,NC 27699-6714
Telephone [phone] Facsimile: [phone]

A copy of the petition must also be served on DENR as follows:
Mr. William Lane, General Counsel
Department of Environmental Quality
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 Zach Thomas 919-743-8439 or Cindy Moore at 919-743-8442.
Date Cindy oore, Supervisor, Aquatic Toxicology Branch
Division of Water Resources,NCDENR
ATTACHMENTS
cc: Mark Brantley, FRO (via email: [e-mail])
ATB Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: TX-2021-0001 County: Hoke
Assessed Party: McCain Hospital-Dept. of Corrections
Permit No. (if applicable): NC0035904 Amount Assessed: $2,036.94
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRiQht to an Administrative Hearing, and Stipulation offacts"
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. § 14313-282.1(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. 14313-282.1(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 penaltyprevent 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 ENVIRONMENTAL
QUALITY
COUNTY OF HOKE )
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
North Carolina Department of Public Safety )
McCain Correctional Hospital WWTP
NPDES PERMIT NO. NC0035904 )
FILE NO. TX-2021-0001
Having been assessed civil penalties totaling $2,036.94 for violation(s) as set forth in the assessment
document of the Director of the Division of Water Resources dated January 25, 2021, 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 Resources 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 2020.
BY
ADDRESS
TELEPHONE