NC0029297_Enforcement_20160601

Waterkesources
ENviRONMENTAL QUAL11Y
June 1, 2016
CERTIFIED MAIL 7013 2630 00018"8 3141
RETURN RECEIPT REQUESTED
Mr, Rick Sain, Director of Facilities Maintenance
Catawba County Schools
PO Box 1010
Newton, NC 28658
PAT MCCRORY
("mrowe'u
DONALD R, VAN DER VAART
SLcreuvy
S. JAY ZIMMERMAN
SUBJECT- Assessment of Civil Penalty for Violations of the Reporting Requirements
Case No. LR-2016-0005
Late Discharge Monitoring Reports (DMRs) for Au8201 5 Jk Jan-) 0 16
Fred T. Foard fligrh School
NPDES Permit NCO029297
Catawba County
Dear Mr. Sam:
This letter transmits a notice of a civil penalty assessed against Catawba County Schools in the amount
of $600.00 (includes $100.00 in enforcement costs).
This assessment is based upon the following facts: the August 2015 and January 2016 discharge
monitoring reports ("DMR") were not filed with the Division of Water Resources within the thirty (30)
day reporting period in accordance with the monitoring and reporting requirements contained in the
subject NPDES permit, The August 2015 DMR was received late on October 20, 2015 and January 2016
DMR was received late on March 24, 2016,
A Notice of Violation (NOV-2015-LR-0041) was sent to you for failure to submit the July
2015 DMR no later than the thirtieth (30"') day following the reporting period. This notice was
received by you on October 5, 2015. Within said notice, you were informed that futurg_EWorts
Trot received within the require,d time fram &-j0hie next 12 re2orting monthswould result
0 A Notice ofV101ation (NOV�2016-LR-0010) was sent to you for fldlure to submit the August
1015 and January 1016 OURs no later than tho thirtieth (3&) dq following the reporting
period., This notice was received by you on April 18; 20 16,
The State's enforcementcosts in this matter may be assessed against Catawba County Schools pursuant
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 NCO029297 and G.S. 143-215.65 in the manner
and extentshown 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& 143-215, 1 (a).
State of North Carolina I lEnvironmental Quality I Water Resources
1617 MaR sewce Center I Ratalgh, earth Carolina 27699-1617
9198076300

Catawba County Schools - Fred T. board High School
Case No.: LR-2016-0005 - NPDES Permit NCO029297
June 1, 2016
Page 2 of 5
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Deparunent of Environmental Quality and the Director of the Division
of Water Resources, I hereby make the following civil penalty assessment against Catawba County
Schools:
0,00 For violation of N`CGS 143-215.65 and NPDES Permit NCO029297, for failing
to submit the Discharge Monitoring Report for August 2015.
$_5ftoo For violation of NCGS 143-215,65 and aDES Permit NCO029297, 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. 143B-
282.1 (b), which are:
(1) The degree and extent of hann 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 conunitted willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with prograins 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department,of Environmental Quality (do not
in.clude, ivaiver./brtn). 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 Pe fitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W-19
2. Submit a written request for remission or mitigation including a detailed justification for
sucli request:
Please be aware that, a request for remission is limited to consideration of the live 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

Catawba County Schools — Fred T. Board High School
Case No.. 1,R-2016-0005 -- NPDES Permit NC0029297
June 1, 2016
Page 3 of 5
document. Because a remission reuest forecloses the option of an administrative bearing, 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 by 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 , remission
request will be approved, the following factors shall be considered :
(I ) whether one or more of the civil penalty assessment factors in NCGS 143 B -2 82.1 (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 info rin 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 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. 'rherefore, it is very
important that you prepare a complete and thorou statement in support of our request fir
gh A o
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 bequest."" Both forms should
be submitted to the following address.,
Wren'Tbedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3File a petition for an administrative hearing with the Office of Administrative Hearings
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 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
AdininistrativeHearings during normal office hours. The Office of Administrative Hearings accepts

Catawba County Schools- Fred T, Foard High School
Case No.: LR-2016-0005 - PDES permit NCO029297
Juriel,2016
Page 4 of 5
filings Monday through Friday between the hours of 8:00 a.m. mid 5:00 p.m., except for official state
holidays. The original and one t1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be taxed provided the ori&al 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 [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environment 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 Denard at 919-807-6307.
Sincerely,
S. Jai
Zimincrinan, PP . ., Director
Division of Water Resources, NCDEQ
ATTACHMENTS
cc:
Enforcement File LR-2016-0005 w/attachinents
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OFCATAWBA
IN THE ITE i T WAIVER
OF `EVIL PENALTIES AGAINST ADMINSTRATIVE HEARING
CATAWBA COUNTYODDS STIPULATION OFFACTS
FILED T FOARD HIGH SCHOOL
PERMIT NO. NCO029297III; , * LR-2016-0005
Having been assessed civil penalties totaling S600.00 for violation(s) as set forth in the assessment
document of the Division eision of eater Resources es dated June 1, 2016, the undersigned, desiring to seek
remission on of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated
xaa ter and does stipulate that the facts are as alleged in the assessment document. The undersigned farther
understands that all evidence, presented in support of remission of this civil penalty must be submitted to
tlae 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 llc wed after (30) days from the
receipt of the Notice of assessment
This the day of2016,

JUSTIFICATION
DWR Case Number- LR-2016-0005 County. Catawba
Assessed Entity: Catawba Counts, Schools - Fred T. Fcurd High School
Permit No.: NCO029297 Amount Assessed: $600.00
Please use this form when requesting remission of this civil penalty. You must also complete the 'Wequest
For Remission, Waiver of Right to an Adininistrative Hearing, and Stipulation of Facts" forrn to request
remission of this civil penalty. You should attach any documents that you believe support your request and
are necessary for the Director to consider in evaluating your request for remission, Please be aware that a
request for remission is limited to consideration of the five factors listed below as they may relate to the
reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document, pursuant, to MC.G.S. § 143B-282. I(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 proside a detailed explanation, including copies of
supporting documents, as to why the factor applies (attach additional pages as needed).
El (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-2282.1b) were
wrongfully applied to the detriment of the petitioner (the assessment fiactors arc, listed in the civil
penaltr assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation
(i.e., explain the steps that you took to correct the violation and prevenifitaure occurrencess),-
Ej (c) the violation was inadvertent or a result of an accident (i.e,, explain w4y the violation -Vvas
unavoidable or something or .you could not prevent or preparefi );
El (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 necessary remedial
actions (i.e., explain how pqyinent of the civil penaltt,, will prevent you .1rom pertarrning the activities
necessar y to achieve. compliance).
EXPLANATION: