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Home My WebLink AboutNC0074233_Enforcement_20160601Water Resources ENVIRONMENTAL QUAL11Y CERTIFIED MAIL 7013 2630 00018"8 3141 RETURN RECEIPT REQUESTED Mr. Rick Sam, Director of Facilities Maintenance Catawba County Schools .PO Box 1010 Newton, NC 28658 PAT MCCRORY Govemor DONALD R. VAN DER VAART Serrejaj, S, JAY ZIMMERMAN SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements Case No. LR-2016-0004 Late Discharge Monitoring Reports (DMRs) for Aug201 5 & Jaii2016 Blackburn Elementary School NPDES Permit NCO074233 Catawba County Dear Mr. Sam: A Notice of Violation (NOV-2016-LR-0015) was sent to you for failure to submit the August 2015 and January 2016 DMRs no later than the thirtieth (30') day following the reporting period. This notice was received by you on April 18, 2016. The State's enforcement costs in this matter may be assessed against Catawba County Schools pursuant to NCGS. 143-215.3(a)(9) and I 143B-282.1 (b)(8). Based upon the above facts, I conclude as a matter of law that Catawba County Schoolsviolated the terms, conditions or requirements of NPDES Permit NCO074233 and G.S. 143-215.65 in the manner ,and extent shown above. In 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 or requirements of a pennit required by G& 143-215. I(a). State of North Carolina � Environmental Cluafily f Water Resources 1617 Mad serwe Center I Raleigh, North Carofirra 27699-1617 9198076300 Catawba County Schools -- Blackburn Elementary School Case No,.: LR-2016-0004 - NPDES Permit 1 CO074233 June 1, 2016 Page 2 of 5 Based upon the above findings of flact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I hereby make the following civil penalty assessment against Catawba County Schools: $ 500.00 $ 100.00 $600.00 For violation of NCGS 143-215.65 and NPDES Pennit NCO074233, for failing to submit the Discharge Monitoring Report for August 2015, For violation of NCGS 143-215.65 and NPDES Permit NCO074233, for failing to submit the Discharge Monitoring Report for January 2016. Efifiarcement Costs COMIlIkUlUff" 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- 282.1 (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 overwhich 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Envirmunental Quality (do not include nwiverfonn). Payment of the penalty will not foreclose further err fiors ement action for any continuing or new Nriolation(s). Please submit payment to the attention of. Wren Thedforal NC DEQIDWRM,ater Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 W" Catawba County Schools - Blackburn Elementary School Case No.: LR-2016-00,04 - NPDES Permit NCO074233 June 1, 2016 Page 3 of 5 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 bearing 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 143B-282. I (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator Promptly abated continuing en-vironmental damage 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 th, a remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of theDivision of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, andprovision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot, consider information that was not part of the original remission request considered by the Director, Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice, The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Adininistrative 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 Catawba County Schools — Blackburn Elementary School Case No.- 1,1 -2016-0004 — NPDES Permit NCO074233 June J, 2016 Page 4 of 5 filings Monday through Friday between the hours of 8-00 am. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings, The petition may be taxed provided the Original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the taxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand -deliver a copy of the petition tw General Counsel Department of E nvironment and Natural Resources 1601 Mail Service Center Raleigh, North 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 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 have any questions, please contact Derek, Jenard at 919-807-6307. cer y, S. Jay_Zinimenrian, P.G., Director Division of Water Resources, NCDEQ ATTACHMENTS cc: 1 R*tbbf�11 ; t al OffiM Naer QuOityRogional,0perations Section' Enforcement File LR-2016-0004 w/attaclunents Central Files w/attachments PPPPW"_STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT F CIVIL PENALTIES AGAINST CATAWBA COUNTY SCHOOLS BLACKBURNELEMENTARY SCHOOL PERMIT NO. NCO074233 DEPARTMENTTOF ENVIRONMENTAL QUALITY WAIVER Having been assessed civil penalties totaling +60 . 0 for `violation s s set forth in the assessment document of the Division of water Resources dated June 1, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to are administrative hearing in the above -stated matter and dues 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 t the director of the Division of Water Resources within thirty days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 0 days from the receipt of the notice of assessment, This the day of 2016. SIGNATURE ADDRESS JUSTIFICATION FOR REMISM !QIll AKQLM DWR Case Number: LR-2016-0004 County: Catawba Assessed Entity: Catawba Cuchools - Blackburn Elementary School Perruit No.: NCO 074233---.— Amount Assessed.- $600.00 Please use this fonn when requesting remissionof this civil penalty. You must also complete the "Request For Remission, Waiver qfftfil to cut Administrative Hearing, andStipulation of acts" 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 linifted to consideration of the five factors listed below as they may relate to the ,reasonableness of the arnortnt 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. § 1431 -282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and Provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). Ej (a) one or more of the civil penalty assessment factors in N.C,G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessinent./actors are listed in the civil penahi, assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e„ explain the steps that you took to correet the violation andpreventfuture occurrencev); El (c) the violation was inadvertent or a result of an accident (ix., eaplain why the violation ivas unavoidable or sornerhing'you could not prevent orpreparefiof:); (d) the violator lead not been assessed civil penalties for, any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent youfrom per arming the activities fi necessary, a) achieve compliance). EXPLANATION.- 1-0 Carl) 7t. fils Water Resources ENVIRONMENTAL GUALITV June 1, 2016 Aniffm I 1will Mr, Rick Sam, Director of Facilities Maintenance Catawba County Schools PO BOX 1010 Newton, NC 28658 PAI'MCCRORY G"."eynoy DONALD R, VAN DER VAART Secretary S, JAY ZIMMERMAN Director SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements Case No, LR-2016-0003 Late Discharge Monitoring Reports (DMRs) for Aug2015 & Jan 2016 Bandys High School NPDES Permit NCO051608 Catawba County Dear Mr. Sam: in a recommendation for assessment cif Civil A Notice of Violation (NOV-2016-LR-0014) was sent to you for failure to submit the August 2015 and January 2016 DMRs no later than the thirtieth (30'h) day following the reporting period. This notice was received by you on April 18, 2016. The State's enforcement costs in this matter may be, assessed against Catawba County Schools prusuant to NCGS, 143-215,3(a)(9) and NCGS 14313-282, 1 (b)(8). Based upon the above facts, I conclude as a matter of law that Catawba County Schools violated the terms, conditions or requirements of NPDES Permit NCO051608 and G.S. 143-215.65 in the manner and extent slioxvii above, In 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 or requirements of a permit required by G.S, 143-215.1(a). State of North Carolina t EnvironmeneO Qualfty t Water Resources 1617 Mait service Center I Raleigh, Nolh Carolina 27699-1617 9198076300 Catawba County Schools — Bandys Hi School Case No.: LR-2016-0003 -- NPDES Pennit NC0051608' June 1, 2016 Page 2 of5 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I hereby make the following civil penalty assessment against the Catawba County Schools: $ 0a00 For violation of NCGS 143-215.65 and NPDES Permit NC0051608, for failing to submit the Discharge Monitoring Report for August 2015, $500.00 For violation of NC 143-215.65 and NPDES Permit NC0051608, for failing to submit the Discharge Monitoring Report for January 2016. $ 100.00 Enforcement Costs $, 600.00 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, 14311- 282. 1 (b), which are., (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation-, (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally-, (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days 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 Departin, ent of Environmental Quality (do not include waiverfornt), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of, Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation( ' s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment ,vk,ba County Schools — Bandys High School Case No.: LR-2016-0003 — NPDES Pernut NCO051608 June 1, 2016 Page 3 of 5 document, Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in, dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considere& (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request, The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Enviromnental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not pail 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 remissiom In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"'form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for aria inistrativc hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment docurnent you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours, The Office of Administrative Hearings accepts Catawba County Schools . Bandys High School Case No.: LR-2016-0003 — NPDES Pennit NCO051608 June 1, 2016 Page 4 of 5 filings Monday through Friday between the hours of 8:00 a.m. and 5-00l)-m,, except far official state bolidays. The ofiginal and one (1) copy of the petition must be filed with the Office of Administrative Hearings, The petition may be fixed provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsirnile. (919) 733-3478 AND Mail or hand -deliver a copy of the petition to: General Counsel Department of Envirumnent and Natural Resources 1601 Mail Service Center Raleigh, North 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 plot 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 pen`cad of this assessment. If you have any questions, please contact Derek Denard at 919-807-6307, TE OF NORTH CAROLINA COUNTY OF CATAWBA I 'THE MATTER OF ASSESSMENT OF CIVIL PENALTIES T CATAWBA COUNTY SCHOOLS 13ANDYS HIGH SCHOOL PERMIT NO. NCO051608 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVERI °I TO AN ADMINSTRATIVE HEARINGAND STIPULATION FILE NO. LR-2016-0003 Having been assessed civil penalties totaling 00.00 for violation(s) as set forth in the assessment document nt of the Division of Water Resources dated June 1, 2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative bearing in the above -stated matter and dues 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 ust be submitted to the director of the Division of Water Resources within thirty days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after days from the receipt of the notice of assessment, This the day of 12016, pppppp-- JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LR-2016-0003 County:- Catawba Assessed Entity: Catawba Coe ,Scbools - �Rand �sffl tSc�honl Permit No.: NCO051608 Amount Assessed: $600.00 E] (a) one or more of the civil penalty assessment factors in N.C,G,S, 143B-282.1(b) were wrongfully applied to the detriment, of the petitioner (the arse ssmentfactors are listed in the civil penalt y assevsnzent document.); E] (b) the violator promptly abated continuing environmental darn resulting from the violation (i.e., explain the steps that you took to correct the violation andprevent future occurrences); E] (c) the, violation was inadvertent or a result of an accident (re., explain w1n, the violation ivas unavoidable or someth ing.you could not prevent or preparefor).- E] (d) the violator had not been assessed civil penalties for any previous violations; El (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how pqyrnent of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: