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Home My WebLink AboutNC0060755_Enforcement_20161107Certified Mail # 7015 0002 68781922 Return Recent Reguested November 07, 2016 Martin J. La hua; Carolina Water Service Inc of North Carolina PO Box 2400 Charlotte, NC 2 224-0 0 SUBJECT: Notice of Violation and Assessment of Civil Penalty forViolat ons of North Carolina general Statute G. . 14 -21 .1(a)(fa) d NPDES WW Permit No. NCO060755 Carolina Water Service, Inc of North Carolina addlewo +d WWTP Case No. LV-2 1 -0221 Gaston County bear'Mr. Lashua; This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4 2 0 ($350.00 civil penalty -+- $102.50 enforcement costs) against Carolina Water Service Inc ofNorth Carolina. This assessment is'based upon the following facts: a review has been conducted of the discharge monitoring report (D R) Submitted by Carolina Water Service Inc of North Carolina for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitationsand/or monitoring requirements found in NPDES Permit No. NCO0 075 e violations, which occurred in June, 2016, are summarized in Attachment A to this letter. Q State ofNorth Carolina J Environmental Quality I Water Resources 10 Fast Center Avenue, Suite 301, Mooresville, NC 2811 70 - 3-169 JLQ_O.00 I of the I violation of 143-215. l(a)(6) and Permit No. NCO060755, by discharging the waters of the State in violation of the Permit Daily Maximum for ROD - Conc. 1250.00 1 of he I violation of 143-215. 1(a)(6) and Permit No.NCO060755, by discharging the waters of the State in violation of the Permit Monthly Average for BOD - Cony JLS.00 TOTAL CIVIL PENALTY 1A2.50 Enforcement Costs $452.50 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.I(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 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 form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violatio-n(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Waiver of Ri forni within thirty �30da �sof r�ecei t of krhis notice, The Division of Water Resources "Justification -for Remission &eqi .Lest," Both fonns should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 0-- 5 flurtimm Mun The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 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 DE Q as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental. Quality 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 yotthave any questiotis, pleasecomactOfi firviawiththe Division of staff of the NlootesvilleRegiotW Offiee at (704� 661-160 or via email At on'.ttMa@titd&tw.gov. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATYACHMENTS Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Assessed Party: Carolina Permit No.- NCO060755 &S=AnQN- t!jR MMSMQN MQjM I County: Gaston Amount Ass s= 452.50 Please use this form when requesting remission of this civil penalty. You must also complete the "'Request For Remiss ion, Waiver of Right to an Administrative Hearing, andStipulation ofFacts" 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 renussion. 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 staterrients contained in the, civil penalty assessment document. Pursuant to N.C.G.S. § 1431 -282.1(c), remission of a civil penaltymaybe 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), (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. I(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty 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 prev ent./uture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation wta unavoidable or something.you could not prevent or prepare for)o- (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 payment of the civil penalty will prevent youftom performing the activities necessary to achieve ,compliance,). EXPLANATION: C Nt RTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COHNTYOFGASTON IN TIE MATTER OF ASSESSMENT WAIVER OF RIGHT TCT AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE STIPULATION OF "ACTS Carolina Water Service Inc of North Carolina Saddlewood WWTP } PERMIT NO. NCO060755 CASE NO. L-2Qlh- l2df, Laving been assessed civil penalties totaling 2.50 for violation(s) as set Earth in the assessment document ofthe Division of Water Resources dated November 7- 2016. the undersigned, desiring to seek remission of the civil penalty, 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 document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed aver (3 days from the receipt of the notice of assessment 'This the _ day of .® } 2 SIGNATURE ADDRESS TELEPHONE �► ASH �` ; Carolina Water Service Inc of North Carolina CASE NUMBER: LV= 1 -02 1 PERMIT: NCO060756 REGION: Mooresville_ FACILITY: Saddlewood WWTP COUNTY: Gaston LIMIT VIOLATION(S) SAMPLE LOCATION: ION: 'O ll 001 - i1`luent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/2312016 6-2016EOO; Day (20 Deg: Weekly; mgA 750 40 4313 Daily Maximum 1 WO ) - Concentration Exceeded / 0€ 16 6-2016 900, -Day 0Deg. Weekly mgA 9�90 97.E Monthly D O) - Concentration Average Exceeded NEW, A Utilities, Inc- W. CorcyBasinger Regional Supervisor Division of Water Resources, NCDEQ 610 East Center Avenue, Suite 101 Mooresville, NC 28115 Re: Notice of Violation & Intent to Assess Civil Penalty Tracking Number NOV- 2016-LV-0559 NPDES NCO060755 Saddlewood WVVTP Gaston County Dear'Mr. Basinger flilil I lill I I �'i 111 'w illat"Pi011 01104', a ustmhawrwy Carolina Water Service, Inc, of North Carolina RO, Box 240908 0 Chadutte, NC 28224 0 R 704-525-7990 0 F: 704-525-8174 5701 Wi Dr,, Suite 101 # Chartotte, NC 28217 # www,uiwatercom PPPP- POPP October 31, 2016' if you have any questions or if i can provide any additional information, please dui not hesitate to contact me at y 1 -050 . Thank you for your attention Sincerely, a Adam James ;area Manager Cc: Tony onsu l Mary Rollins c: Martin L shu �,Va ter Resources .NVMnNMENTAL QUALITY October 24, 2016 PAT MCCRORY DONALD R. VAN DER VAART w, SJAY ZIMMERMAN E Adam James Area Manager Utilities, Inc R 0 . Box 240908 Charlotte, NC 28224 Subject: Technical Assistance Visit PermifteeCarolina Water Services, Inc Facility" Saddlewood Wastewater Treatment Plant Permit O060765 Gaston County Dear Mr, James, On September 16, 2016, Gary Hudson of this office met with you to perform a Technical Assistance Consultation visit on the Saddlewood Wastewater Treatment Plant in Gaston County, NC, The visit was prompted by your request concerning several BOD violations that occurred mostly over the summer months, The assistance of Mr- Richard Alexander, Operator in Respon5ible Charge (ORC) was greatly appreciated, At the time of my visit the plant appeared to be very well operated and maintained. The effluent was crystal clear, and there were no problems noted with anything. It was brought up by Mr, Alexander that it was possible that the BOD violations were brought on by the addition of sodium sulfite -for dechlorination, Unfortunately, I could not come up with anything conclusive. I will close by saying that it is my professional opinion that Mr. Alexander is a very diligent and knowledgeable, operator, and is doing an excellent job running this wastewater treatment plant, IfIcan be of any further assistance, please do not hesitate to contact me at (336) 776-9694, Si cerely, At Gary Hudson Regional Consultant Division of Water Resources Winston-Salem Regional Office 'DMR Review Record Facility: re Permit No,: -,We, 00601111�3, pipe ^V MqrithL Average Violations Parameter Permit Limit DMRValu' �o�� --~------ --�� WeekILIDaill Violations Parameter Permit Limit & Value Action Actionogate1�mki8�� , | --__—_' ~ ` !of Violations Action -------- ~ �- Z .�� l�^ ~~, �~-�� *� ' , ` , , . Completed by: Assistant Regional Supervisor Sign Off: ^ Regional Supervisor Sign ' ' � � ~ ^ �'.-~-w°~--^�_°rn� ^"=44�m�°= Violator: Carolina Water Service Inc of North Carolina Facility Name: Saddlewood W`WTP Permit Number: NCO060755 County: Gaston Case Number: LV-2016-0231 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 viol 4tion; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 7� 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6J 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 Review of the last 12 months (June 2015 - May 2016) of compliance history of the subject facility found the following violations: t 8) The cost to the State of the enforcement procedures. 10 . 0 Enforcement Cost: 1 hour staff time......... . 94 1 hear supervisor time,... , ... ,,.:., ..,...::. ......:: 52.5 Administrative staff coast... , ................... 15.Qfl Total Enforcement Cost 102.SO Lute W. Carey Basinger, Regional Supervisor Water Quality regional Operations Section Mooresville Regional Office Division of Water Resources, N13Et