NC0051608_Enforcement_20150909

U.S. Posta ervice
CERTIFIED MAIL° RECEIPT
3
q Domestic Mail Only
r
rt For delivery information,visit our website at www.usps.com .
FICIAL ,,1.--
o
Extra Services&Fees(check box,add fee as appropriate) 'L,J
V ❑Return Receipt(hardcopy) $
❑Return Receipt(electronic) $ , F --ere39
ere 1 3 ❑Certified Mail Restricted Delivery $ "'
07
3 ❑Adult Signature Required $
❑Adult Signature Restricted Delivery$
• Postage ,S,ps
o $ CATAWBA COUNTY SCHOOLS
3 Tota
i $ PO BOX 1010
3 sec NEWTON NC 28658-1010
$ir ATTN: MR RICK SAIN
c(n Dwr/ot 9/9/15

c.au.cY.AIO..ac.Y.V ......
4 receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail
unique identifier for your mailpiece. associate for assistance.To receive a duplicate
Electronic verification of delivery or attempted return receipt for no additional fee,present this
delivery. USPS®-postmarked Certified Mail receipt to the
4 record of delivery(including the recipient's retail associate.
signature)that is retained by the Postal Service" Restricted delivery service,which provides
for a specified period. delivery to the addressee specified by name,or
to the addressee's authorized agent.
;portant Reminders: -Adult signature service,which requires the
You may purchase Certified Mail service with signee to be at least 21 years of age(not
First-Class Mail®,First-Class Package Service®, available at retail).
or Priority Mail®service. -Adult signature restricted delivery service,which
Certified Mail service is not available for requires the signee to be at least 21 years of agi
International mail. and provides delivery to the addressee specified
Insurance coverage is not available for purchase by name,or to the addressee's authorized agent
with Certified Mail service.However,the purchase (not available at retail).
of Certified Mail service does not change the •To ensure that your Certified Mail receipt is
Insurance coverage automatically included with accepted as legal proof of mailing,it should bear s
certain Priority Mail items. USPS postmark.If you would like a postmark on
For an additional fee,and with a proper this Certified Mail receipt,please present your
endorsement on the mailpiece,you may request Certified Mail item at a Past Office'for
the following services: postmarking.If you don't need a postmark on this
-Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion
of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply
You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.
electronic version.For a hardcopy return receipt,
complete PS Form 3811,Domestic Return
Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT.Save this receipt for your records.
1111111 w....i on. ocu 7 ansasnn.ane7

ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signature
�
• Print your name and address on the reverse X/ /� 0 A�9 ent
L9�lddresse
so that we can return the card to you.
• Attach this card to the back of the mailpiece, B. R- -'ved by(Printed Name) C. Da a of Deliver
or on the front if space permits. 7�ie-4 . /A) 9// /5
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
CATAWBA COUNTY SCHOOLS If YES,enter delivery address below: ❑ No
PO BOX 1010
NEWTON NC 28658-1010
ATTN: MR RICK SAIN
Dwr/ot 9/9/15
111111111111111111111111111111111111111111111 0 Adul Service gnat Restricted Delivery IDRegistered(Mail Restrict
9590 9403 0891 5223 3107 53 "'Certified Mail® Delivery
°Certified Mail Restricted Delivery Return Receipt for
❑Collect on Delivery Merchandise
2. Artirlo M.imheir Trnnc/kw f m cer,.iro rstien 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation'
7015 0640 0002 9299 3410 °R strictedDelive ture Confirmation
stricted Delivery �'
I WV...wwr

USPS TRACKING# First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
O
9590 9403 0891 5223 3107 53 0
m m
co c)
United States •Sender:Please print your name,address,and ZIPS®in this3ox•n
Postal Service m * _Q c
DENR/WQROS m 2 . 2
610 EAST CENTER AVE o w
N
SUITE 301 a _b
MOORESVILLE NC 28115 0 "w
-n
n
J
ijfiili}iIiIil,1llliiihiiiiililiiiiiiiiiiiiiiiriliihilililiiiil

FILE
and Natural Resources
Pat McCrory Donald van der Vaar�
Governor Secretary
September 9, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3410
RETURN RECEIPT REQU STDD
Mr, Rick Sain
Catawba County Schools
P.O. Box 1010
Newton, NC 28658-1010
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N,C, General Statute
143-215. 1(a)(6) and PDES Permit No. NCO051608
Bandys, High School WWTP
Catawba County
Case No. LV-2015-0181
Dear Mr. Sam-.
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$396.97 (S250 civil penalty + $146.97 enforcement costs) against Catawba County Schools.
This assessment is based upon the following facts. A review has been conducted of the self -
monitoring data reported for October 2014, This review has shown the subject facility to be in
violation of the discharge limitations found in NPDE S Permit No. NCO 051608. The violations are
summarized in Attachment A to this letter.
Based uponthe above facts, I conclude as a matter of law that Catawba County Schools
violated the terms, conditions, or requirements of NPDES Permit No. NCO051608 and. North Carolina
General Statute (G.S,) 143 -215.1(a)() in the, manner and extent shown in Attachment A. A civil
penalty may be assessed in accordance with the maximurns, established by G.S. 143-215.6A(a)(2).
used 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, 1, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against Catawba County Schools:
Mooreavifle Regio4 Office
Locdon: 610 East Ceatar Ave, Suite 301 MoomsvitIee, NC 28115
Phone: [phone] \ Pax [phone] \ Customer Servte: 1-877-623-6748
Internet: http�,�,lpoiial,r�cdenr.orglweb/wq
An Equa; OppotiNly I Affhnabve. Acfior, Eniplayer - 30% R6-Yci0dA0%, Pm Wqvlmner paper

$ 250.00 For I of the, one (1) violation of G.S. 143-215,1(a)(6) and
NPI)ES Permit No. NCO051608,day discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
250.00 TOTAL CIVIL PENALTY
$- 146.97 Enforcement costs
$ 396.97 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. 14313-282. I (b), which are.
The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(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 violations were 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:
L Submit pt�ymetit ofthk penalfy-
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.,
Wastewater I�tanctt
Division of Water Resources
1: 617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit 4 *ritten request for remission intluding a detailed J* ustification for such requesm
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 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 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 NNill be approved, the, following factors shall be
considered:
(1) whether one air more of the civil penalty assessment factors in G.S. 14313-282. 1 (b) were
%vrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darnage 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 information presented in support of your request for remission must be
submitted in,%Titing. The Director of the Division of Water Resources will review your evidence Lind
inform you of his decision in the matter of your remission request. 'The response will provide details
regarding case status, directions for payment, and provision for her 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 "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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative flearings:
If you Nvish 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 Heanngs
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 (fa filing
'fee is required by N'CGS § 15013-232) is received in the Office of Administrative Rearings'ovithin,
seven (7) business days following the taxed 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: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
DENR
1601 Mail Ser%,ice 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 notice, 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, If you ha-v,,e any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
Michael L.-Parker, Region I Supenisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
M. Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File Nkr/ attachments
Central Files w/ attachriterns

ATTACHMENT
CASE NO. LV-2015-0181
1 10/31,12014 Ammonia 9.65 mg/l* 7.7 to ,11(Mo tlaly ,, verg e
Denotes civil penalty assessment
Catawba County schools responses to NOV-2 - - received onMarch I6.2015
was reviewed by DWR staff. %litigating factors were not ;found to result in, a reduced civil
penalty amount

STATE OF NORTH CAROLINA
COUNTY OF C>ATA BA
IN THE MATTER, OF ASSESSMENT
E CIVIL PENALTY AGAINST
CATAWBA COUNTY SCHOOLS
PERMIT NUMBER NCO051608
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
CUES
WAIVER OF RIGHT H TOAN
ADMINISTRATIVE ATI 'E HEA I G A I
STIPULATION Iy" FACTS
FILE NO. LV-2015-0181
Having been assessed civil penalties totaling $396.97 for violation(s) as set forth in the
assessment document of the Division,of Water Resources dated March 5, 2015,h undersigned,
desiring; to seek remission of°the civil penalties, does hereby waive the right to an administrative
inistrative
hearing in the alcove -stated ratter 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 ofthe Division n 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 r day of �w__e _ms2015
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-201-5-0181
Assessed Party: Catawba County Schools
County: Catawba
Perniii Number: 'NC0051608
Amount Assessed: $3W97
Please use this form when requesting remission of this civil penalty. You must also complete the
(I inistrative Hearing, and Stipulation 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 (attachadditional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 1 - . mere
vvron Tali a lied to the cletrirnera of the etitione (the assessmentlbetors are listed
in the civil penalq, assessment document);
(b) the
violation (i, e.,, explain the steps that you took to correct the violation and prevent
,tuture occurrences ),-
(c) the violation was inadvertent or a result of an accident (i.e., explain why, the violation
was unavoidable or some thingj,,ou could not prevent orpreparejb),-
(d) the violator had not been assessed civil 2enalties for an y --prevLosu—violations;
— --
(e) r the remainine necessary remedial
actions (i, e., elain how payment of the civil penalty will revert you-om performing
the activities necessaij, to achieve compliance),
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: Catawba bounty Schools
Facility: Bandys Hi School
county: Catawba
Case Number: LV-2015-0181
Permit Number: NCO051,608
It 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; No harm has been documented.
2) The duration and gravity of the violation; The ammonia monthly average permit limit was
exceeded by 25.3% for October 2014.
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
,receiving stream is unknown. Ammonia -nitrogen is treated as an in -stream toxicant by the State of
North Carolina because ammonia is an oxygen -consuming waste and increased concentrations could
reduce the amount of oxygen available to aquatic, organisms.
4) The cost of rectifying the damage; The cost is unknown,
5) The amount of one saved by noncompliance; The amount of money saved by noncompliance is
unknown.
6) Whether the violation was committed willfully or intentionally; The Division of Water Resources
has no evidence that the violations were 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
'There have been I previous CPAs for the Bandy's High School WWTP the last CPA being issued on
April 14, 2010 for TSS and BOD permit limit violations in January 2010.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.97.
4?
Dke Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR