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HomeMy WebLinkAboutNC0033421_Enforcement_20130603hir,46 rnenfinq -Wanntj IMCDENR Division of Water Quality Pat McCrory Charles Wakild, RE John P. SkVarla, ill Governor Director Secretary .lure 3,2013 CERTIFIED MAIL 7010 0780 0000 5519 2304 .N,lr. Martin fashua Carolina Water Set -vice Inc. of NC PO Box 240908 Charlotte, North Carolina 28224 SUBJECT - Dear Mr. I.,ashua: Notice of,'Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. 1 ta#) and NPDES Pennit No. NCO033421 College Park-, WW"I'P Gaston County Case No. I-V-2013-01 11 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.44 ($450-00 civil penalty + $147,44 enforcement costs) against Carolina Water Service Inc. of NC. This assessment is based upon the following facts, A, review has been conducted of the self- irnortitoning data reported for February 2013, This review has shown the subject facility to be in violation of the discharge limitations found in PDES Permit No, NCO033421. The violations are, summarized in Attachment A to this letter, Based upon the above facts, I conclude as a matter of law that Carolina Water Serice Inc. of NC violated the terms, conditions, or requirements of NPDES Pertrut No. NCO033421 and North Carolina General Statute (G. S.) 143 -215 .I (a)(6) in the manner and extent shown in Attachment A, A civil penalty may be assessed in accordance with the maximums established by GS. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, [,,Michael L. Parker, Surface Water Protection Regional Supervisor for the MooresvilleRegion, hereby make the following civil penalty assessment against Carolina Water Service Inc. of NC- Mocresvflle Regfor al Office Locatiom 610 East tenter Ave- Suite 301 Mooresville, NG 28115 One Phone,- (704) 663-1699 Fax J704) 663.W40 ustomer Serv�m: 1-877-623-674B NlorthCaroli,na lntemel. httpJ1portalocdenr,0fqiwebfwq Naiurallb( An Eqval Oppaturity t,AffimsNiue Adion Empkiyer-30% RecycW/10% Pad Gansumermer $ 100.00 For —1 of the one (1) violation of G.S. 143-215. 1 (a)(6) and NPDES Permit No. NCO033421, by discharging waste into the waters of the State in violation of die pertnit daily maximum effluent limit for fecal coliform. 100.00---.--- For— 1—of the two (2) violations of G.S. 143-215.1(a)(6)anti NPDES Permit No. NCO033421, by discharging waste into the ,waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $---250,00 For I — of the one (1) violation of G.S. 143-215. 1 (a)(6) and NPDES Permit No. 1 CO033421, by discharging to into the waters of the State, in violation of the, pcitmonthly average effluent limit for total suspended solids (TSS), 450.00 TOTAL CIVIL PENALTY $147,44 $597,44 -- Enforcement costs 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. . 14313-2811 (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 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 rectify,ing the damage; (5) The amount of money saved by noncompliance; (6) Nk"hether the violations were committed willffilly or intentionally; (7) The prior record of the violator in complying orfailing-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: 1. Submit payment of the penalq,: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverform). Payment of the penalty will, 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 OR 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 an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing:and a stipulation 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 Quality 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 GS, 1,43B-282, I (b) were 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 irdormation 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 inform you of his decision in the matter of your remission request, The response will provide details regarding case status, directions for payment, and provision for farther appeal of the penalty to the Environmental, Management Commission's Comraittee 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 Administrative Hearing and Stipulation of Facts" form within 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." Bothforins should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative h ring with the Office of Administrative Hearings: If you Msh to contest any statement in the attached assessment document you must file a I peL!L.[Onfor aiiadministrative hearing. x on may obtain the petition torm trom the Mice 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 (fax) or electronic mail by an attached file (with restrictions) - provided. the signed original, one (1) copy and a filing fee ff a filing fee is required by IC GS §150B-23.2) is received in the Office of Administrative Hearings within 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 Ilea -rings are as follows: Office of Administrative Hearings 6714 Mail, Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000; Fax: (919) 431-3 100 One (1) copy of the petition must also be served on DEN R as follows: Mr. Lacy Presnell, General Counsel D EN R 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/tirne received stamp (not a postmark), will result in this inatter 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 the violations are of a confinuiq�tur�euot related to operation and/or smitten apsg_pmblqmsand.raa at tiei ate remedial cons coon -activities, then vp nrna wish Michael L. arkeT, Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS MooresvilleRegional office Compliance File J attachments Raleigh t ali c /Enfo c ni t File wJ attachments Central Files wJ attachments m1p/ma ATTA R NT CASE NO. 1.,V- 01 -0111 Outfall Date Parameter an d Value Permit Limit 001 2/1911,E Fecal coliforrrr 1,4 0 FC.t/100 L* 400 lr/10t3 mL (Daily maximum) 001 2/14/13 TSS 120.0 /L 45.0 rig/L (Daily mum 001 /1 /1 T 0.0 mg/l, 45.0 `L, (Daily maximum) 001 2/28/13 TSS 43.8 rrr /L* 30,0 /L.(Monthly average) Denotes civil penalty assessment Carolina Water Berries Inc, of NC did not provide a response to NOV-2013-LV-0299' although cornments were provided on the February 2013DMR regarding the permit violations. Mitigating factorswere not fbund in the provided information to result 41 reduced civil penalty., STATE OF NORTH C A.R.OLI `qA COt NITY OF GATii DEPARTMENTOF ENVIRONMENT AND NAT:TJR.AL RE SOURCES IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST kDmINISTRATIVE HEARING AND CAROLINA WATER SERVICE fNC. STIPULATION ION F FAcrs OF NC PERMIT NO. NCO033421 FILE NO. L - 013-011 Having been assessed civil penalties totaling . 4 for violation(s) as set forth in the assessment document of the Division of rater Quality dated Tune 2.013, the undersigned, desiring; to seek remission of the civil penalties, dues hereby waive the right to an 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 roust he submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence, in support of a remission request will be allu red after 30 days from the receipt of the notice of assessment. This the 1 day of BY ADDRESS -JUS DWQ Case Number: LV-20,13-01 11 Assessed Party: Carolina Water Service [nc.cif NC County: Gaston Permit Number: NCO033421 Amount Assessed: $597-44 Please use this form 'when requesting remission of this civil penalty. You must also complete the Listrytive Heari �ilation of Facts to =1111111 _ _`1 soaxeeescry should attach any documents that you believe or the f ire tor to consider in evaluating your request for fission is limited to consideration of the five factors listed l elov as they may relate to the reasonableness of the arnount Of" the civil penalty assessed. Requesting remission is not the proper procedure for contesting ,vhether the viola ions occurred or the accuracy of any of the factual statements contained in the, civil penalty assessment document, Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more, of the f0flolAring five factors -applies. 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) gneA t�T noTq t AT—PR9figly-whed to, the detriment of theetitiassm oner (the esscnt,tors ar .faf� kjj_ mere c, list ed in the civilpem*Y assessment document); (b) LhejojqqQLprQMptjv a ted colltinum �onrnental damage resulling !WY_jjM the YL01-aijop (i.e., explain the steps that you took to —cor' ,fature occurrences),- rect the violation and prevent (c) the violation Ras-madvertent or a result pf an accident (i.e,, explain wity the violation was unavoidable, or something yo u could n—ot P—re'vent—or-prepacre fior) (d) the.Ljolatpr had 1L 9ILbee!Lassessed Ciyil-P—PIVIALt—icsfoL,4n, __ — -"jevqious violations; (e) payment of the iy qjI e —1. -ill mal , w -- revent a rat for the -yen actions (i. e-, explain how pqwnent qf the civil penalty will prevent youfrom performing the activities neeessaij� to achieve comiViance). LN—PIA N—ATION * (use additional, aa� s as necessar NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Carolina Water Service Inc, of NC Facility: College Park WWTP County: Gaston Case Number: LV-2013-0111 Permit Number: NC0033421 I) 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; No harm has been documented, However, the discharge of suspended solids in excess of the permit limits could impact aquatic life whereas the discharge of fecal coliform in excess of the permit limit could potentially cause human health concerns downstream of the facility. The receiving stream is Little Long Creek, a class C stream, in Catawba River basin, 2) The duration and gravity of the violation; The fecal coliform concentration of 1,420 CFU/100 mL on February 19, 2013, exceeded the daily maximum permit limit of 400 CFU/100 mL by 255%. The three other sampling events were below the permit limit. The TSS concentrations of 1200. mg/L and 50,0 mg/L on February 14th and 19th exceeded the daily maximum permit limit of 45.0 mg/L by 120,0 and 11,1°/0 respectively. The two other sampling events had TSS concentrations below the permit limit. The monthly average TSS concentration of 43,8 mg/L exceeded the permit limit of 30,0 mg/L by 46%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown, best use of the receiving stream (Class C — fish/aquatic life propagation and secondary recreation). Increased suspended solids can increase the water temperature, thus reducing the amount of oxygen possibly harming aquatic life. Solids can also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs as well as other aquatic organisms. Best use of the stream may be altered by the elevated bacteria due to possible human health concerns; contact with water, 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally, The permittee noted on the February 2013 DMR that the violations were due to a leak in a pipe between the clarifier and chlorine contact chamber, which has since been repaired. The prior record of the violator In complying or failing to comply with programs over which the Environmental Management Commission has regulatory auth rit ; and There have been two previous CPAs for the College Park WWTP with no CPAs issued in the past 12 months. 8 The cost to the State of the enforcement procedures. The cost to the Division of Water Quality is $147.44, Michael L Parker, Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality pood D"ex 06m)013; Nw� 4 of 8 PERMIT'NCO033421 FACILITY, Carolina Water Service Inc of North Carolina -College COUNTY: Gaston REGION: Mooresville Park WWTP Limit Vidation J—z' MOkHTORING OUTFALL I VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 02-2013 001 Effluent Coliform, Fecal MF, M-FC 02/19113 Weekly #1100ml 400V 1,420 255 Daily Maximum Exceeded None I. k " , Broth,44 5C 02-2013 001 Effluent Solids, Total Suspended - 02114/13 Weekly mg/1 45,/ 120" 166,67 Daily Maximum Exceeded None lkl, Concentration 02-2013 001 UP uon t Solids, Total Suspended - 02/19113 Weekly mg/I 45,," 50 11,11 Dally Maximum Exceeded None i Concentration 02-2013 001 Effluent Solids, Total Suspended - 02/28/13 Weekly mg/I 30 43,8­" 46 Monthly Average Exceeded None_ Concentration r) PERMIT: NCOQ FACILITY., Town ofDallas - Dalla*,WWTIA 'COUNTY: Gaston REGION- "t - - — - - - - - - ------------- ------ Limit Violatuah, L (L. MbNITORING OUTFALLI VIOLATION UNIT OF CALCULATED AEPORT PPI 'LOCATION PARAMETER DATE 'FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION T°�PE VIOLATION ACTION 2013 001 Effluent Solids, Total Suspended - 02128113 3 week mg/l 3P 47.16'," 57i'1 Monthly Average Exceeded None Tv Concentration Xx ..... ......