HomeMy WebLinkAboutNC0066397_Enforcement_20110928MR.
Division of fter Quality
Beverly Eaves Perdue Cohen H. t4llins Dee Freeman
Governor illrect r Secretary
September 28, 2011
r.
CERTIFIED NAIL 7009 1680 0002 2464 9839
: U.Y
RETURN RECEIPT REQIJE TL
r. John Yaarbro, Assistant Superintendent for Operations
Cleveland County .Schools
16 South Post Road, Suite
Shelby, NC 28152
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO066397
Cleveland County Schools — Caasar Elementary ntary school ww,rP
Cleveland County
Case lumber LV-2011- i101
Dear Mr. arbroa
In accordance with forth Carolina General Statute 1-215.6A(f), the Director of the North Carolina
Division of Water Quality considered the information you submitted in support of your request for
remission and remitted $175,.00 of the $435.06 civil penalty assessment. The revised civil penalty i
therefore total amount of ` 260.0 , which includes $85.06 in investigative casts. A copy of the
Director's decision is atttached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.;
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources ( L .. Send the payment within thirty tl calendar days of your receipt of this
letter to the attention of:
Bob Sledge
NC DEN D — Point Source Branch
Compliance & Expedited Permits Unit
1617 Mail Service Center
Raleigh, forth Carolina; 2769-161
OR
1617 MaH Service Center, Raiei h„ North Carolina 27699-1617'
Location: 512 N, Salisbury St. Raleigh, North Carolina 27604
Phone: t FAX- 919-807.64921 Customer SeNlm 1-877-623-67=46
Internet, .rinwaterrluality org
An Equaf Opportunity\ AffirmaSe Acton Employer
One
NorthCarolina
Mr. John Yarbro
LV-201 1-0101, Remission Decision
You may decide to have the Environmental Management Commission's (E )Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar clays from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final
agency decision.
If you or your representative would like to spear before the Committee, you must complete and return
the attached Request for Corral Presentation Form within thirty 0) calendar days of receipt of this letter.
Send the completed form to:
Bob Sledge
NC T FN - WQ — Point Source Branch,
Compliance & ,expedited Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27 9 -1 17
The ENIC Chairman will review the supporting documents and your request for in oral presentation i~if
you make the request) If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. 1f a presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EXIC's Committee on Civil penalty Remissions will make its remission
decision based on the original assessment amount. Wherefore, the EMC maychoose to uphold the
original penalty amount and offer no remission, they may agree with the DWQ Director's
remission recommendation detailed above, or the penalty amount may e further renritted.
Thank you for your cooperation in this m attecµ. If you have any questions, please contact Bob Sledge at
(91.9) 807-6398, or via e-mail at bob.sledge@ncdenr.gov.
amnceremy,
. -l;a
c�John E, ldzrmressy, Supervisor
Compliance & Expedited Permits Unit
Attachment
cc Mooresville RegionalOffice — SWP Section
Enforcement Pile
DWQ Central Files
ppppp" DIVISION l OF WATER 1" LIT '
If.. PENALTY ltE1>lfN FACTORS
Case Number- LV-201 l-0101 Region; Mooresville County: Cleveland
Assessed Entity: Cleveland Co. Schools — Casar Elem. School W"' TPPermit: NC O0 7
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
(b) Whether the violator promptly abated continuing enviromnental damage resulting from
the violation:'
The permittee states that once it became aware of the problems at the WWTP, it tools prompt action in
identifying their cause, eliminating the potential for undertreated wastewater to be ischarged, and
achieving a solution. Their efforts were hampered through the design and installation of an
undere<ngineeted system. A further upgraded system has now been installed.
D WQ recognizes the ffarts inane 1ry Cleveland County Schools in upgrading its WW7 p at the school and
in keeping the Mooresville Regional Office updated rr Cardin tlevelopments associated with the process:
El (c) Whether the violation was inadvertent car to result of an accident
El (d) 'Whether the violator had been assessed civil penalties for any previous violations:
'Carr- cirri penalties were assessed against thi .fctciliq during thefiveyears prior to this assessment.
[l (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions
DECISION (Check One)
bequest Denied
Full Remission etain' Enforcement Costs? Yes o E�
partial l�eanissian E173 (Enter Amount)
r
"Coleen . pins ate
reyID-8..31D
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CLEVELAND DWQ Case Number LV-2011-01,01
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST- REQUEST FOR ORAL PRESENTATION
Cleveland County Schools
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following staternents:
* This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
* Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Rileigh,
North Carolina.
M_)F prescntatic nwill be liniited to discussion of issues and information ,submitted in new original r naz mrreqgest, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
'rheNorth Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity, If you of your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days Of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.nebar.conVethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual OT-hu.siness owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Liar's Opinion on the unauthorized practice of law.
If you are a c rtac>ratioa taartzaershrp or rnunic aality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non4awyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Ear's Opinion on the unauthorized practice of
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that as potential violation of the statute concerning the authorized practice of law has occurred,
20
SKIN K]7tfRE-
Tim-., (President, Owner, etc.)
Mauffim
TELEPHONF (
TO: B. Sledge
. Krebs
THROUGH: 1. Allocco
DABJune 9, 2011"
Request for Remission of Civil Penalty Assessment
NPDES Permit Number NCO066397
Cleveland County Schools - Casar Elementary - WWTP
Cleveland County
Case Number -2011-0101;
MRO staff has reviewed the subject request for remission. The permittee submitted the request in
letter to the Mooresville regional Office and did not include either of the two required form for remission
request.
The permittee has revamped the entire treatment system and upon initial poor results of the system
spent additional money to install a recirculation tank. Due to the quick response of the permittee to
take action on the issues with the WWTP when highlighted by MRO personnel the Mooresville Regional
Office supports partialremission (50%) of the civil penalty of-$435,06,
Moaresvilb Regiynu Office
Locafim 610 East Center Ave., Suite 301 Mooresville, NG 28115
Phone:dr04i663-16999EFax: (704)663.60409 CustornerService- 1-877-623-6748
Internet: awe ncwarerquaIRy org
4A Equal Cpportu sty r Afar, Nve Act-na rt;alpyer 50% Reipc T 1h% Fast Ce,r, umer paper
One
orthiCa c ifin
�W17
Case Number: LV-201 1 -0101
Regional Recommendation (Check One�
Request Denied El Full Remission Partial Remission
Central Office Recommendation (Check One)
Request Denied [:] Full Remission [I Partial Remission
Director's Decision (Check One)
Request Denied El Full Remission El Partial Remission Amount Remitted
Date Cglean H, Sullins, Director
., t
-"nlll't"H'-R QUALITY
Cleveland
Coun A L (0) �f'- F- C-"Et:
S C I 0 « 11 S w w . cIe v e Iandcount:yschooI s.orc
704-476-8000
May 19, 011
Mr, Robert Krebs
b
Surface Water Protection Supervisor
610 East Center Avenue, Sulte 301
Mooresville NC 28115
Dear Mr. Krebs:
On behalf f°C"leNr'elarrtl C'Otrr'ty ellools, I would like to request a remission of the civil
penalty in the amount of $435,06, We have corn l tecl the it"provements to the waste
water treatment systern at Casar £Terre. ary School, The new recirculation tank is no
fully operational, Hopefully, the sand filter rebUiltl and the addition of the recirculation
tank x ill correct the issues we were having N ith the discharge Iimnation.
"1"IIank VOU for co isidering this r'etltlesf:
Sim- ely,
John' arbrtl
Assistant Superintendent, -Operations
ADMINISTRATIVE CENTER INSTRUCTIONAL CENTER BUSINESSCENTER
1:30 South Post Road * Suite 2 315 Patton Drive 1tr5 East Ridge Street
Shelby, North Carolina 28152 Shelby; North Carolina 28150 Kings MOUntain, North Carolina 28086
Fix 104-476-8100 Fax 104, 16-8302 Fax 7 tk _ a 5-830
iwrm uaronna ueparrrne(tt oT tnvironment ana iNaiurai Nesources
Division of Water Quality
Beverly Eaves Perdue Coleen H, SuIrns
Governor Director
CLRTIFI-'Ef) MAIL 7010 0290 0000 4565 0267
,RETtTRN RECEIPT REQUESTED
Dr. Bruce Boyles, Superintendent
Cleveland County Schools
130 South Post Road. Suite
Shelby, North Carolina 28152
S UBJECTof Violation and Assessment opt Civil
Penalty for Violations of N.C, General Statute
143-215. 1 (a)(6) and NPDES Permit No. NCO06639'7
Casar Elernentary School WWTP
Cleveland Coutity
Case No. LV-201 1 -0101
Dear Dr. Bovles.
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in, the arnount of
S4315.06 ($350DO civil penalty - SU,06 enforcement costs-) against Cleveland County Schools,
This assessment is based upon the following facts: A review has been conducted of the self-
rnonitoring data reported for January 201 L This review has shown the subject facilit,-,, to be in,
violation of the discharge limitations found inIDES PcrmIt',n,o. NCO066397, The violations are
summarized in Attachment A to this letter'.
Based upon the above facts. I conclude as a matter of law that Cleveland County Schools
'Violated the terins, conditions, or requirements of NPDES Perinit No. NCO066397 and —Worth Carolina
General Statute (G.S ) 143 -215.1(a)(6) in the manner and extent shown in Attachment A, A civil
penalty thay be a: sessed in accordance with the maxii.r.unis established by G.S. 143-215,6A(a)(2)
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided ty` tl,-,ie Secretary of the Department of Eriviromnen, t and Natural Resourcec and the Director
of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Super%iisor
for the Mooresville Region,, hereby make the fotlox,-N"ing civil penalty assessment against Cleveland
County Schools:
Nlooresville Reglanal Office
Locaflom 610 East Center Ave, SUfte 301 (Nloore,,;vMe. NC , 28115 One
Phore: (704) 663-1; 699 k Fat ('704'I G6r3604V ,"'v) pI -,77-623,6748
NorthCarofinaInlemat httpJ/poqaP n4xrenr,4q wu%Aq
V
0�00 For I of the one (F) violation of &S. 143 -1-15 . 10)(6) and
NPDES Permit No. NC00663 )97, by discharging waste into the
waters of the State in, violation. of the perritit daily maximum
effluent limit -' for biological oxygen demand (BOD),
10HO For I of the one (1) violation of G.S. 143-215,1(a)(6) and
NPDES Permit No. NCO066397, by discharging waste into the
waters of the State in violation of the permit daily maximum,
effluent limit for fecal colit-orm.
S-- 25HO— For --- I— of the one 1) violation of GS . 143 -215.1 (a)(6) and
NPDES PermitNo. N-,,CO066397,,t)y discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for amitionia-nitrogen.
S— 350.00 TOJ'Al, CIVIL PENALTY
S— 8 5,.-0 6 Enforcement costs.
43506 TOTAL ANTOUNT 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 forthat G.S. 14313-282, 1(b),,,xhich 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 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 arnount of money saved by, noncompliance'.
(6) Whether the violations were committed willfully or it tentionalty;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environ-i-nental 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 payment of the penalty:
Payment should be made directly to the order of the Department of Environment and 'Natural
Resources (tio not include avaiverfi)rrrz) Payment of the penalty N&,111 not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the, attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for remission 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 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 air administrative hearing, such a request must be
accornpamed by a waiver of your right to an administrative hearing and a stipulation that no factual or
lec,al issues are in dispute, Please prepare a detailed statement that establishes why you believe the
eivil penalty should be remitted, and submit it to the Division of Water Quality a[ the address listed
below. In detert-ninina, 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 G.S. 143B-282. I (b) were
iNTongfully applied to the detriment of the petitioner,
(2) whether the violator promptly abated continuing envircrunental damage resultinla from
the violation;
(3) whether the violation was inadvertent or a result of an accident-
(4) whether the violator tied been assessed civil penalties for any previous violations, or
(5) whether payment of the civil penalty will prevent pay anent for the remaining necessary
remedial actions.
Please note that all information presented in support of your request for remission must be
submitted in writing, The Director of the Division of Water Quality will review your evidence and
u inform yoof his decision in the matter of your remission request. The response will provide details
regarding case status, directions for paynient, and provision for further appeal of the penalty to the
Environmental Management Corninission's Conu-nittee 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 Adrainistrative Hearing and Stipulation of Facts'` fora with' n thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that you complete and submit the enclosed
"Justification for Remission Request," Both forms should be submitted to the followinc, address."I
Point Source Compliance/Enforcernent Unit
Division of Water Quality
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 ,;on wish to contest any statement in the attached assessment document -ju n1aust to
petition for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must the the petition with the Office of Administrative Hearings
within thirty ('10) 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 8-100 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 §. 15013-23 ).2) is received in the Office of Administrative Hearings xithin
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
Hearinas are as foflows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919)431-3000, Fax: (919)431-3100
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
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 notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to & 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 the violations are of a -c0-11tinuln a 11-41—u—rc., —nit related
nnd/nr rniintenance nroblems, and you anticipate, r medial construction activities -on 11 then v
assessment or a Spe n staff of the
MooresyLjille regional Office at_(LQ663-1699,
V X
(Date) Robert B, Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division, of Water Quality
CC' Water Quality Regional Supervisorwiattachments
Com lianc nforc nt File / attachments;
Central Files w/ attachments
rb/ma
ATTACHMENT
CASE NO. LV-2011-0101
tf ll
Date
Parameter
Reported Value
Permit Limit
1
1/27/11
Fecal c lil rm
11,200 `FU/1 m ,
0 FU,,,1t 0 mL (Daily maximum)
STATE OF NORTH AROUN W DEPARTMENT ?F E IRt:tlN MENT
AN ATCR L; ES )t.:I -,ES
CO NTY OF CLEVELAND
IN THE ININTTER OF SSESS�NIE I° WAIVER F RiGHT TOAN
F CIVIL PENALTY LTY AI_ ST TIC ATIVE HEARING AND
CLE'VEUVND S E T " SCHOOLS TIO OF FACTS
PERMIT No, NTC0066397
FILE NO., LV-201 I -0101
Having been assessed civil penalties totaling S435.06 forviolation(s) as set forth in the
assessment docurnent of the Division ofWater QualirN7d_atedAk2ijl 26. 20t 1 . 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 docttrtrent. The
undersigned further understands that all evidence resented in support of reinission o Haas civil
penalty must be stal mit,ted to the Director of the Division of Water Quality within 30 days of receipt of
the notice of assessment. No new evidence it, support. of a remission request will be allowed after 30
dais from the receipt of the notice of assesstaaent.
This the duty o f 0 11
BST
ADD SS
ONNE
,11,.-STIFICATION FOR REMISSION ELQ=
DWQ Case Number: LV-2011-0101
Assessed Party: Cleveland County Schools
County- Cleveland
Permit Number: ;� 066397
AmountAssessed: $435.06
Please use this form when -requesting remission of this civil penalty. You must also complete the
T-ew 1, , Vrfjill'-r n+- pi(7llf fe) 4,,,Jmiri,frafivo T-Tearz,,my and Stinulan'ton ofFacts "
forni 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 Ror remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the arnount 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 NN.C.G.S. § 143B-282. I (c), remission of a civil penalty may he granted only when one or
more of the following fivc factors applies. Please check each factor flat -,on believe appliess to your
case and provide to detailed explanation, including copies of supporting docurnents., as to why the
factor applies (anach additi3OTlal pages as needed),
(a) Qne, . 9L re of the civil - inn, ---penalty assessment factors in N,CG,S,
petitioner (the assessmenifiactors are listed in the civil'
a T- - ,
ie4 to the it of the
penalry, assessrnent doeumen�),
(b) the violat tq o � (Li v, abated qL )Ltinuing eqyirongLental rnag� -(L..ultiqg from the
--LTL �npjl— J4 , -L —
violation 0. e, explain the steps that you took to correct the violarion andprevenifiature occurrence ,),,
(c) the violation was inadvertent or a result of an accident (Le., explain �vhy, the violation
i,vas unavoidable or somethin-you could not preen vt orpreparejb�)I:
11�
(d) the violator had not been assessed civil pe�nalties for q�ivj)rqvious violations',
--- --LI---
jLav-Lp,�, will
nt of tLi�� civil Y -Pp�vent qyrnat for their ernamingnecessary rerued_ ial
—LP-qm! L - — --p
actions (i e., eiplain hou) payineni (rfthe civil penaliy i�14111'prey enr youftom per rtning the activities
necessar�, tc� achieve compliance),
EXPLA'NATION: (use additi(,mal pages as necessary,)
MONITORING REPORT(MR) IC TION for°.
Report Date: 04/1411 t page:
of 11
Permit:
Rs en: 1 011 and
1 011 Region; Mooresville
Violation Category: Limit Violation Program Categor, , i
Facility Nomw
Param Name:
County-
ubbasin:
Violation Action: None
Major Minor.
PERMIT, NC 051 18
FACILITY. Cleveland County Water -'Cliev-eiand., County WTPCOUNT
. Cl lan
REGION:oreavllla
Lilt VICIIation
F ,
MONITORING OUTFALLi
REPORT PPI
LOCATION, PARAMETER=
VIOLATION
DATE
UNIT OF
FREQUENCY MEASURE LIMIT
CALCULATED
VALUE
%OVER LIMIT
VIOLATION TYPE ' VIO ATiON
ACTION
01 -2011 002
Effluent Chlorine, Total Residual
01/ 5/11
2 X month i /i 28
237 746,43
Daily Maximum Exceeded (done
�
01 -2011 002
Effluent"' Chlorine, Total ,esldu l
Q1. 1'gP11
2 X month ugh ,. 25
,463� 1,553,57
Daily Maximum F1 ceeded None
I
i
PERMIT NCO0663 7
FACILITY: Cleveland County drools
d Casar Elementary School
COUNTY: Cleveland
REGION: Mooresville
WV1fTP
Limit Violation
MONITORING OUTFALL I
REPORT PPI
LOCATION PARAMETER
VIOLATION
PATE
UNIT OF
FREQUENCY MEASURE LIMIT
CALCULATED
VALUE J COVER LIMIT
VIOLATION TYPE VIOLATION
A 'NON
01 -2011 001
Effluent BCC, S- a (20 Deg. C) -
Concentration
01106/11
2 X month mg/1 16
15.6
i1 !!y Ntaxltncam Ex eederl Norka
7 °c--
1.2011' 001
Effluent Conform, Fecal MF, M_FC
Broth,44,EC
01127/11
2 X month /100 il` 400
1,200 200
Daily Maximum Exceeded None
1�
31-2f111 001
Effluent Nitrogen, Ammonia Total (as
N) - Foncentration
01131111
Monthly mg/1
1C1.33 158,33
Monthly Average Fx eded gone,
l; ;
a.
]PERM1T:`N,g0034812
FACILITY. Pharr Yarns
Pharr Yarns Industrial WWTP
COUNTY: Gaston
REGION. Mo re villa
µ
Limit Violinon
�_ ,r
1
MONITORING OUTFAI L 1
REPORT PPI ',
LOCATION TtC`N PARAMETER At ETEFt
VIOL A Iid�N
DATE
UNIT OF LIMIT
FRLr UENCY MEASURE LI tT
VALUE
T� OVER LthtlT`
VIOLATION TYPE VIOLATION
ACTION'
01 -2011 001
Effluent Coldorm, Fecal MF, WFC
6roth.44. 5C
01 20111
Meekly /100MI 400 "
4601 15
Gaily Maximum Exceeded None
'%71-V"1VTT el A "C%T TX7 I T4kT%7TCYr1kXT "TIt? A VT"vk eNT- i T v,
Violator: Cleveland Countv Schools
Facility: Castir Eternenta W WTP
County: " Cleveland --- Case Number: LV-201 1-0101
Permit Number: 'N�(70066397
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;
by 15&3%, The fecal coliform concentration of 1 �200 CFU/1 00 mL on January 27th exceeded the
permit dqqy maximu m limit of 400 CrU/1 00 mL by 200W
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;
The entire WWTP system was rehabbed during the summer of 2010 although a recirculation tank
was not installed Initial results indicate a recirculation tank may be needed and an Authorization to
Construct (AtoC) application was submitted to CG&L. The AtoC has been issued and the School is
awaiting installation after awarding the bid to Weston Tank Service, Therefore, no money was
saved by non-compliance. The permittee continues to work with MRO regarding proper operation of
the new WWTP facilities,
6) Whether the violation was committed willfully or intentionally
DWQ has no evidence that the violations were committed willfully or intentionaHy,
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 eight CPAs for the Casar Elementary School WVVTP during the life of the permit
with four CPAs issued in the past twelve months.
Case Number Description
LV-2011-76 $335-06 LV for ammonia -nitrogen and BOD. Remission is being sought by the
00
ermittee. I
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $85,06.
Date Robert B. Krebs
Surface Water ctionrr
Regional Supervisor
Division of Water Quality