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� s� The Diocese of Charlotte czc
Sec 1551 Trinity Ln 811E Hickory, NC 28602
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Paul Cronin, Director
The Diocese of Charlotte
1551 Trinity Ln
Hickory, NC 28602
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EnvIronmental Quality
NUCHAEL S. REGAN
so rarm
L
iwwim Dhwtor
November 02, 2018
Paul C Cronin
The Diocese of Charlotte
1551,TrinityLn
Hickory, NC 28602
Subject-. Payment Acknowledgement for Civil Penalty,Assessment
Catholic Conference Center'i
County Catawba
Permit N+71447
Case No. LV-2018-0183
Dear " ittee
This letter is to acknowledge receipt of Check No. 171960 in the amount of $453.29 received from you dated 1 912 1 .
This payment satisfies in full the civil assessment levied against the subject facility d this ease has been closed®
Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable
statutes, regulations, or permits.
f you have any questions, please call Wren °Plaedford at 919-707-6301,
Sincerely,
—%M)�Qw
Wren Thedford
Administrative Assistant
Water Quality Permitting ee ioxi
nforeernent File # LV-2018-0183
North Carolina Department of Environmental l lity l Division of Water Resources
6:LG East Center Avenue, Smite 301, Mooresville, NS S
DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2018-0183 Region: MRO County: Catawba
Assessed Entity: Droc2se of Charlotte Permit: NCO071447
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
Z (b) Whether the violator promptly abated continuing environmental damage resulting from the violation;
Z (0 Whether the violation was inadvertent or a result of an accident;
0 (d) Whether the violator bad been Assessed civil perialties for any previous violations,-
Regional Recommendation (Check One) DacuSigned by
9/20/2018
Request Denied Z Full Remission E3 Partial Remission El
�'—A14CUVAF21425
Central Office Recommendation (Check One)
Request Denied 0 Full Remission El Partial Remission E]
Director's Decision (Check One)
Request Denied E] Full Remission El
Partial Remission 0 Amount Remitted
Linda Culpepper, Interim Director
PER
H C
sacra ,:
CLI-PEPPER
Interim Dar iaar.
Certified Mail #7016 1370 0000 2596 1143
Return Receipt Requested
Paul Cronin, Director
The Diocese of Charlotte
1551 Trinity Ln
Hickory, NC 28602
NORTH CAROLINA
Eaviinimmmtal Quawy
August 03, 2018r
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of forth Carolina General Statute ( . .) 143®715.1(a)(6)
and NPDES W ' Permit No. i` C 0071447
The Diocese of Charlotte
tt
Catholic Conference ce Center WWTP
Case No. LV-2018-0183
Catawba Count '
Dear Mr. Cronin:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $453.29 ($3 tl.11t} cavil penalty
+ $103,29 enforcement casts) against The Diocese of Charlotte.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
( ) submitted by The Diocese of Charlotte for the month of February 2018. This review has shown the subject
facility to be in violation of.'the discharge limitations and/or monitoring requirements found in t` PDES WW Permit No.
1s1CO071447. The violations, which occurred in Februarry, 2018, are summarized in Attachment A to this letter;
Based upon the above facts, l conclude as a matter of law that The Diocese of Charlotte violated the terms, conditions or
requirements of NPDES +?W Permit No. NCO071447 and G.S. 143-215.1(a)(6) in the manner and extent shown it
Attachment A. 1u 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 of requirements of a permit required. by GS-
143-215.1(a).
North Carr ina Department of EnOronment i Quality ( Division off ter Resources
610 East Center Avenue, Suite, D1, 6l ooresvi#Ie; AID 2811
Based upon fh"6A)oy udin of fact and conclusions of law, and in accordance with authority provided by the
Secretary oai"-ep"" ""nt of'Environmental Quality and the Director of the Division of Water Resources, 1, W, Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
The Diocese of Charlotte:
JL00,0Q I of I violations of G,S. 143-215, I(a)(6) and Permit No. NCO071447, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD. 5-Dayllp j
_ Peg. C'-
- Concentration
$250,00 1 of I violations of G.S. 143-215: 1 (a)(6) and Permit No. INC0071447, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for ROD. 5-Day t 0 �De
fL.-Concentration
�O00 TOTAL CIVIL PENALTY
_$Ik3_,29 Enforcement Costs
j453.22 TOTAL AMOUNT DUE
Pursuant to G.& 143-215.6A(c), in determining the amount of the penalty J have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. I (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 Environmental Quality (do not include waiver
jbrm). 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 Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Ftio . Submit a written request for remission or mitigation includinga detailed justification for such
nest.
!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 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. Because a remission request forecloses the option €�f air administrative carir
such a request roust 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 143E-2 1l(b) was wrongfully
applied to the detriment of the petitioner-
(2) whether the violator promptly abated continuing environrnental damage resulting from the violation;
t whether the violation was inadvertent or a result of an accident;
whether the violator had been assessed civil penalties for any previous violations; or
t 5 f 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 artist be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inforin you of his decision in the chatter 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
Both forms should be submitted to the toll€win address:
Wastewater Branch
nch
Division ofWater resources
1617 Mad Service Center
Raleigh, North, Carolina 276g-1617
Option 3: ilea petition for an administrative hearing with the Officeof Administrative fleanns: 11
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 fiorm frorn 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 (tax) 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 NC`GS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You
should conthe t ._�L e Offige,of Administrative Hearmigs)ynh all Aine. - ie t
film :t�hnfee �and/or the details of the
unlRE999�� w_
The mailing address and telephone and tax numbers for the Office of Administrative Hearings are as follows:
6714,Nlail 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 DEQ asfbllovvs;
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service (enter
Raleigh,' orth 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.Attomey General's Office for
collection of the penalty through a civil action, Please be advised that additional penalties maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at (704) 235-2192 or via email at wes.bL-11,,,?f,,ncdent°.gov,
W. Corey Basinger, Regional Supervisor
Water Qualiq, Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office, - Enfo
L, -reement File (Laserfiche)
NPDES Comphance/Enforcement Unit - Enforcement File (Laserfiche)
JUSTWICATION FOP- REMISSION S'll`'
Case Number: V- 18-013 County: Catawba
Assessed~ Party: ryh ios of Charlotte
Permit o.: O0 7 l d �,rtrc unt s e s 2
Please, use this form when requesting remission of this civil penalty. You roust also complete the "R uest For Remission
K'aiver qf Right to an Administrative Hearing, carrel Stipulation qf r`ac ts" formto request remission of this civil penalty,
You should attach att.,, 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 assesse& Requesting
remission is not the properprocedure for contesting whether the violation(s) Occurred or the accuracy of any of the factual
stateaaaents contained in the civil penalty assessmentdocument.,, Pursuant to N,C,G. . § 1 31 -2 2. t (c), remission of a civil
penalty, maybe granted only when one or more of the following five factors apply. Please check each factor that you
l el ieve applies to your case and provide a detailed
explanation, including copies of supporting documents, as to F the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in I.C.G. . ld l -2 1I (b) were wrongfully applied to the
detriment of the petitioner (the ass ss°ment.14ctor•s are listed in the cividperncrlty ass€�s,srrterat'�lcr aarrterrl)
(b) the violator promptly abated continuing environmental damage resulting;froarr the violation (i.e., explain the
steps t rat you took to correct the violation an pr event, future oc°cu ence,s )
(c) the violation was inadvertent or a result of an accident (i.e,, explain ulot the violation was unavoidable or
something you could not prevent or far cps r°e or°)
(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 necessrtry, remedial Factions (Le.,, explain
how payment ofthe civil penalty will prevent youftomper brArr ing the activities neces°saty to cachieVe
compliance,).
STATE OF NORTH t AROLT1'sI1 DEPARTMENT OF NV1R0' M1` Tn 1_ QUALITY
ITY
T THE IIER. OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PFNALTIESAGAINST ADMINISTRATIVT HEARING AND
STIPULATION OF FACTS
The iatee e of Chartatt
Catholic Conference Center WWTP
Having been assessed civil penalties totalin for violation(s) as set firth in tine assessment document of tile Division
of Water Resources dtc l : t �ktst m?{ll , the undersigned, desiring to seep remission of the civil penalty, does hereby
waive the rigid. to an administrative hearing in the above -stated matter and dos stipulate that the facts are as alleged in the
assessment doom tent. The undersigned further understands that all evidence presented in supportof remission of this civil
penalty must be submitted to the Director of the division of Water Resources uvula€n thirty (gip) days of receipt of the notice
a �faassessrnent. No new evidence in support ofa remission request will be allowed after (30) days, from the receipt of the
notice of.assessntent.
This the _ _w day o
SIGNATURE
TUR
ATTACHMENT A
The Diocese of Charlotte
CASE NUMBER: LV-2018-0183
PERMIT:
NCO071447
REGION:
Mooresville
FACILITY:
Catholic Conference Center WWTP
COUNTY:
Catawba
LIMIT VIOLATION(S)
SAMPLE LOCATIOW Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
to
MonthNr Parameter Frequency
Measure
Value
Value Limit
Type
Amount
2/5/2018
2-2018 BOD, 5-Day (20 Deg, Weekly
mg/1
45
132 1913
Daily
$100,00
C) - Concentration
Maximum
Exceeded
2/28t2018
2-2018 BOD,5-Day(2ODeg. Weekly
mgji
30
36,75 22,5
Monthly
$250,00
C) - Concentration
Average
Exceeded
FILE
ROff. COOPER
er
NIKKAEL S. REGA,.N
Water Resources LINDDA, CLTREPPER
ENVMMKOWNTAL QUAPOTY Wrrvn Doecor
Certirted it #7016 1370 0000 2596 1105
July 5, 2018
Paul Cronin, Director
The Diocese of Charlotte
1551 Trinity Lane
Hickory, NC 28602
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
TracWing Number: NOV-2018-LV-0477
Permit No. NCO071447
Catholic Conference Center's
Catawba County
Dear Mr. Cronin:
A review of the February 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
vicilatron(s) indicated below:
Limit EXc4,-
&g11gn_5& Viola "an(j.
Sample Limit Reported
Location Parameter to Value Value TypeofViolation
001 Effluent BOD, 5-Day (20 Deg. C) - 2/5/2018 45 132 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. Q - 2/28/2018 30 3635 Monthly Average Exceeded
Concentration (C0310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the not violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6Al a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215A.
"rate of North Carolina [ Etiviroi-imentai,,tlityiWatefr
Resources
Ho East Center Avenue, Suite, 301,MootesviHe, NC 28115
'704-663-1699
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
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. 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon possible, nottoexceed 4 hours,
as 2 ou s from first knowledge or anynon-compliance
� 9
at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State cat'Nnrth Carolina 1 Environmental Quality 1 Water Resources
610 East Center Avenue,Suite.3i)t,Mooresville,NC 281 15
704-6r,3-I fi}q
"".aserfiche
J,3 k-
HOLIC CONFERENCE CENTER
All
Mr. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
610 East Center Avenue
Suite 301
Mooresville, NC 281,15
Subject: Response to the Notice of Violation and Intent to Assess Civil penalty issued
on July 5th, 2018 for the, Catholic Conference Center WWTP NCO071447-Case Number:
NOV-2018-LV-0477
Dear Mr, Basinger:
The Catholic Conference Center appreciates the opportunity to respond to the Notice of
Violation related to the February 2018 Discharge Monitoring Report. This response will
provide additional information regarding the inspection, findings and it is our hope that
the additional information is sufficient and that the Division will decide not to pursue
further action.
Li it Violations: The B4ODresults for
samples collected on February 51". 2018 were found to be in exceedance of the perm, it
limit of 45mg/l. This also resulted in the monthly average to be exceeded.
In February, the ORC reported an intermittent problem with one of the blower motors.
The motors were newly installed in November. The center immediately summoned the
electricians who originally installed the motors to address the problem, After some
troubleshooting, it was found that during the installation one of the wires going to the
motor contact was not fully tightened. This caused the motor to cut off at unpredictable
times. The issue has since, been corrected.
'1551T"finityl-ane I lfickory,,NorffiCarohna 28602-9049
2
Any penalty from this violation will create an extra burden on our operating budget for
the Waste Water Plant. The Catholic Conference Center staff and the Plant CRC are
committed to maintaining and operating the wastewater treatment plant in a
professional,, responsible manner.
We trust that this letter addresses our response to the Notice of Violation;and
demonstrates the Catholic Conference Center commitment to improving the overall
operation and condition of the wastewater treatment plant, Based on these items, we
respectfully request that the Division not seep any further enforcement action for the
Notice of Violation. if i can be, of any farther assistance or additional information i
needed, please do not hesitate to contact me,
Sincerely,
Cott aOfflaneacon
Director $ Catholic Conference Center iNl I-LLI� �i; £arliol eConfere� c r
1551 Trinity Lane
Hickory, NC 28602
Cc. leather Adam
Tom Johnson
DNIR REVIEW RE WORD
Mooresville Regional Office
Facility Name: Catholic Conference Center WWTP
Permit Number: NC0071447
Report Period: Februar-, 2018
Prior Assessments:
I
Enforcement Factor: 1,00
Waterbody
Dorian uttall Description
I
waterbody Name
Classification
001 Effluent to UT Camp Creek
Camp Creek
WS-111
Monthly Average Limit Violations
Sample Loration- Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit Action
212BI2018 BOO, 5-Day (20 Deg, 0) -
Weekly
mg/I
30
XBO
22,5
6/LA—
Concentration
Daily Limit Violations
Sample Location' Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit Action
215/2018 BOD, 5-Day (20 Deg, C) -
Wee,kly
mg/l
45
132
1913
Conrentration
6��
wvisor Remark%-
C I L
k'V
Page 1 of 3
,m
Completed by Date-,
Assistant a ion l'
Supervisor Sign -off: hate:
Regional >nprisr "
Sign -off. Bete,
Page 2 of
Prior '1 -Mouth Enforcement Histor
Pertaait 4atr bcr. NC0071447
Report Period-, Lebruam, 201
Limit Violation
Sample Location;:
g attall o I - Effluent
Violation Report
Violation
Date Period
Parameter
Type NOD NOV CPA
1011912017 10-2017
800, 5-Da (20 De . ') -
Daily Maximum NOV-2018-L"^7-0109 LV-201"050
Concentration
Exceeded
10 3112017 10-2017
80D, 5-Day (20 Decq. )-
Monthly Average OV-2018-Ltd-t11t}9 L` -2o1 -0050
Concentration
Exceeded
513112017 5-2017
Nitrogen, Ammonia Total (as
Monthly Average NOD-2017-LV-055
ill - Concentration
Exceeded
Page 3 of
■
Violator: The Diocese of Charlotte
Facility Name: Catholic Conference Center WWTI
Permit Number: 1' CO071447
County: Catawba
Case Number, LV-2018-0183
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;
C.. Aju� JC
2) The duration and gravity of the violation;
3) Tice effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
do-t-ft��
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 regulatot.-y authority; and
NOV-20115-1,V-0169 — Ammonia Monthly Average Violation (October 2014);
NOD-201,7-LV-0,086 — Ammonia Monthly Average Violation (May 2017);
Case #: LV-2018-0050 — BOD (daily and monthly) violations (October 2017.
8) The cost to the State of the enforcement procedures.
$103.29
Dat,wJ W. Cored Bsiner, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office