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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