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HomeMy WebLinkAboutNC0020966_Regional Office Historical File Pre 2018 (2)F North Carkifina Bevefly Eaves Perdue Govermor Divisimi ofWater Quality Coleen Yl, Sullins Director CERTIFIED MAIL 7010 0290 0000 4565 0557 RETUgN-�REC'E�IPT R�E( U�ESTFTD The Honorable Janice Abernathy, Mayor Tov,m of Spencer Mountain Post Office Box 128 Mc. Adenville,North (.','arolina 28101 SUBJECT - Dear Mayor Abernathy: NaWral R(-SoUrces No ember 21, 2011 Secretan, 946 Notice of Violation and Assessment of Civil Penalty for Violations (if N,C, General Statute 143-215,1(a)(6) and NPDES Pe pit No. NCO020966 Tov,rn of SpencerNfount ain WWI? Gaston County Case No, LV-2011-0304 I W This letter transmits a Notice of Violation andassessment of civil Penalty in theamount of $444.67 (S300.00 civil penalty, ; $144.67 enforcement costs) against the Town, of Spencer Mountain, This assessmentis based upon the following facts: A review has been conducted of the self -monitoring data reported for July 2011 . This review has show-n the subject facility to be in violation of the discharge limitations found in \'PDES Permit No. NCO020966, The violations are summarized in Attachment A to this letter, Based upon the above facts, I conclude as a matter of law that the Town of Spencer Mountain violated the ternis, conditions, or requirements of NPDES Permit No. NCO020966 and North Carolina General Statute G. ,) 143-215.1 (a)(6) in the manner and extent shown inAttachment A, A civil penalty may be assessed in accordance with the ma-ximums established by G.S. 143-215.6A(a)(2), Based upon theabove findings offact and conclusions of law, and in accordance with authority provided by the Secret any of the Department of Envirot-flnent and Natural Resources and the Director of the Division cif Water Quality, 1, Robert B, Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil, penalty assessment against the Town of Spencer Mountain: Mooresvdle I zcarikmv 610 Fasl Ckmacr Aic.. Suite 30 1 kloore ssilk e, '( 28115 llbmte, (7(q Fax �704) W-040 ' ()iAcitner Serk icc, 1-977-623-6748 ""n t pp,otwity \Mnmawc Acn,m hmpk,Nzn ;0", f6--o0cd 10", 11"",t C,m�ofnv', paz N6'kil Carol i Ila M 200.00 100,00 444.67 For — 2 — of the two (2) violations of G.S. 143-215 � I (a)(6) arid NPDES Permit No. N0966, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. For --I— of the one (1) violation of G.S. 143-2150 1 (a)(6) and NPDES Permit No. NCO020966, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. For1__ of the one (1) violation of G.S. 143-215.1(a)() d 6an NPDES Permit No. NCO020966, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for total suspended solids. For t of the one violation of G.S. 143-215 , 1 (a)(6) and NPDES Permit No. NCO020966, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total, suspended solids. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOIJNT DUE Pursuant to G.S. 143-215.6A(c), in determining tie 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. l(b), which are: (1) The degree and extent of harni 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 rectifying the damage; (5) The arnaunt of money saved by noncompliance; (6) Whether the violations were 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. OFWithin thirt y days of receipt of this notice, you must do one of the followings 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverfiort,�). 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/Embreement 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, 14311-282.1(b) were wTongfully, 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 information 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 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 "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice, 'rhe Division of Water Quality also requests that You complete and submit the enclosed "Justification for Remission Request,", Both forms should be submitted to the following address; Point Source Compliance/Enforeement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File 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 Administrative Hearings during normal office hours. The Of 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 or,ginal, one (1) copy and a filing fee (if a filing fee is required by NCGS § 1 50B-23.2) is received in the Or."fice of Administrative Hearings within seven (7) business days following the taxed 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 forthe 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) 43 1- ) 100 One (1) copy of the petition must also be served on DEN R as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 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 Fperiod of this assessment, If the violations are of a contigntimg nature not relit e,4 maintengqce blems and on ant�ieiaterqm iqt,constraction activities then vou may wish to consider bout this ci'%jtp���sessrnent or a Rlyin or a S ecial Order bX orjs t eqjons a -qn-,-_If you have 4py qu Si)ecial Order by Consent,please contact Lhe Water ua Section staff of the Mooresville RggjQaaI Off ce ---,_ 704/663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Mooresville Regional, Office Compliance File w/ attachments Raleigh Compliance/Enforeement File Nv/ attachments Central Files Nv/ attachments P,K,,,'j I ATTACHMENT A CASE O. LV-2011-0304 Outfall Date Parameter Rported Value Permit Limit 001 7/5/11 TRC *2,200 ug/l 28 ug/l (daily maximum) 001 7/14/11 TRC * 73 ug/l 28 ug,/l (daily maximum) 001 7/10-16/11 BOD *72 mg/l 45 mg/l (weekly average) 001 7/3-9/11 'rss 54 nig/l 45 mg/l (weekly average) 001 7/22011 TSS 31 mg/l 30 mg/I (monthly average) *Denotes civil penalty assessment Ilie 'rown of Spencer did not respond to the Notice of Violation/Recommendatlon for enforcement No, NOV-201 I-I,V-0259. ST TE OF NORTH CAROLINA DEPARTMENT 0I, ENVIRONMENT AND NATURAL RESOURCES COtA\TTY OF G STO IN THEMATTER OF R SSESSM.E.NT WAIVER OF I IGHT Tt AN F CIVIL PENALTY AGAINST ADMfNISTRATIVE HEARING AND TOWN OF SPENCER MOUNTAIN STIPULATION OF FAcTs PERMI " NCB. f O02 FILE NO. LV-2011-0304 Having been assessed civil penalties totaling 444.67 for violations as set forth in the assessment document of the Division of Water Quality dated November 21., 2011, the undersiz ed, desiring to seek remission of the civil penalties, does hereby waive the right to are administrative =re hearing in in the above -stated matter and dos 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 Quality within 30 days of receipt of the notice of assessment, Nonew evidence in support ofa remission request wall be allowed after 30 days from the receipt of the notice of assessment, This the day of � _ 2011 T ADDRESS TELEPHONE E JUSTIFICATION FOR REMISSION REQLJEST DWQ Case Number: LV-2011-0304 Assessed Party: Town of Spencer Mountain County: Gaston Permit Number: NCO020966 Amount Assessed: $444.67 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission LRight to an Adininistry ion -_ , Waiv er Q J_ - _�i t2 �Fact,� " 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 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 NvIiether 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. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following 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 Nvhy the factor applies (attach additional pages as needed). (a) pp e or more of the civi.12enalty assessment factors in N.C.G.S. 143B-22I 1) ere vvrQ full plied to the detriment of the etitionet (the assessment factors are listed in the civil penalty assessment document); (b) the _violator (i, e., explai,ri the steps that you took to correct the violation and prevent./uture occurrence�),' (c) the Lviolation was inadvertent or a result of an acci&m (ie., explain wky the violation was unavoidableor something van could not prevent or prepare for),, (d) Llig.-violator had not been assessed civil pgnalties oLa ray violations; -L 41Mprg (e) payment of thew civil penalty mill rveactions (i, e., explain how payment of the civil penalty will prevent you ftom performing the activities necessary to achieve compliancc). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISIO—N—OF WATER QUNLITY Violator: To-wil of spqnNe-049ulptain Facility,: Countv. Gaston Case Number: V�-,�l 1-03.04 Permit Number: N CQQ2-Q9 - �6 ASLSESSNMENT 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; Total residual chlorine is:astrong disinfectant that would be predicted to cause downstream toxicity at the concentrations reported. BOD is of concern, because it would likely result in a loss of available dissolved oxygen downstream of the discharge. 'Yotal suspended solids would also be a concern relative to possible downstreara impacts for lowered dissolved oxygen concentration and increases in turbidity. The duration and gravity of the violation; The violations were reported in the month of July 2011, Total, suspended solids (TSS) were reported at 54 rng/I the Areek of 7/3-9/11 (20% o-,,,er the weekly average permit limit) and reported at 31 rng"I for the monthly average (33% over the permit. limit). TSS violations were not assessed. BOD was reported at 72 mg/l with a weekly pen -nit limit of 45 mg/l the week of 7/10-16/11 (60% over theweekly a-vg. permit linut). Total residual chlorine (rRQ was reported as 2,200 ug/l (7,757 % over the daily maximum linift of 82 ug/l.) on 7/5/ 11 and 73 ug!l (161 % over the daily maximum permit limit) on 7/14/11 , -3) The effect on ground or surface water quantity, or quality or on air quality; No effects are expected on gyound water or air quality. Water quality was likely to have impacted by the discharge due to toxic impacts on aquatic life, and the reduction of available dissolved oxygen. 4) The cost of rectifying the damage; The cost is unk-no-wn. 5) The amount of money, saved by noncompliance; No monetary amount has been established, 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 11 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 Case Number I Descri tion 2011-02(M.rl jO—ll—limit—sviola-ti—o'n-sas—sessed—$686—.5---,-------,/ 7 y aid 9/15 11 case closed 8) The cost to the State of the enforcement procedures. Staff preparation of enforcement package- 2 lu,s. (q,,) $35.34/bour ($70.68) SWP Regional Supervisor review: I hour at $3 8.55/hour (SA99) Clerical Support: I hour at $I 5.00/hour ($15.00) Postage f$20.00) Total: $144.67 Date RO Supervisor Division of Water Quality MONITORING p T(M i VIOLATIONS tor - FieportDaW 11121ill "qqq FaEca 1 Or 1 Permit: N 0020966 Facility Name: %; M Between. 7.2011 Pararn Name: rig and 7-2011 Reglow % Gounty. % Violation Category. Unit vcc'1ltation ubb sin: q"� Program Category: NPDES WW Violation Action: % Maior Minor, % PERMIT: NCO020966 FACILITY. Town eat Spencer Mountain - Spencer Mountain W Tp COUNTY: Gaston REGIONS Mooresville Limit Violation Z21 K40NITORING OUTFAL0 REPORT FFI LOCATION PARAMETER VIOLATION UNIT OF DATE FREQUENCY MEASURE LIMIT CALCULATED VALUE °r'a OVER UMiT VIOLATION TYPE VIOLATION ACTION t17 -2011 01 Effluent BOO, 5-Day (20 Deg. C) : Concentration 07/16111 Weekly rrlgil 43 72 60 Weekly Average Exceeded Pr N OV 00 t17 2t}11 001 ual Effluent talorine, Total #residl 07/05111 week c.igr 21f 2,200 7,757 t daily Maximum Exceede Prof NOV 07 -2011 001 Effluent Chlorine„ Total Residual 07114/11 2 X week a /l 23 73 16071" Daily Maximum Exceeded Proceed to NOV 07 - 2011 001 Effluent solids, Total Suspended - Concentration 67/0 111 Weekly mgA 45 54 20 Weekly Average Exceeded Proceed to NOV 07 -2011 001 Effluent Solids, Total Suspended . Concentration 07131111 Weekly rrtgll 30 31 3.33 Monthly Average Exceeded Proceed to NOV t: qfg tro IF 2IP p 4.