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HomeMy WebLinkAboutNC0025861_Regional Office Historical File Pre 2018 (7)North Carolina Department 40400011 April 23, 2003 CERTIFIE D MAIL RETURN RECEIPT REQUESTED Ben T. Blackburn, City Manager City of Lowell 10 1 'Givl st First Street Michael F. aryGover Alan k Kfirr�j PE., Director Diviekin of Water er SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General 'Statute 14 M- 1 .1 a)(6) and NPDES Permit No. NCO025861 City : fLowell Ulu Case No. Lid 0.3-235 County This letter transmits a Notice of Violation d assessment of civil penalty in the amount of 7.95 ($312.50 civil penalty + $85.45 enforcement oasts) against the City of Lowell. This assessment, is based upon the following facts; A review has, been conducted ofthe discharge monitoring report submitted by the City of Lowell for the month of December 2002. This view= has shown subject facility to be in violation ofthe discharge limitations found in NPDES Permit No. NCO025861. The violations are summarizgd in Attachment A to this letter: Based upon the above facts,1 conclude as a matter of law that the City of Lowell violated the terms, conditions or requirements of NPDES: Permit No. NCO025861 and North Carolina General, Statute .S.)14 -21 .1(a) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 14 - 1 . A a (2). Based upon the above findings of fact and conclusions of law, and in accordance vith authority provided by the Secretary of the 1 Department of Environment and Natural Resources ees and' the Director of the Division of Water Quality,1, D.1 ex, Gleason, Water Quality Regional Supervisor for the Mooresville e Region, hereby make the following civil penalty assessment against the City of Lowell: Mooresville Regional Office, 919 North Main Street, Moore viHea NC 28115 E WNR ustorner Service (7 ) 663-604 1 $00 623-7748 s '7 12- For of the one (1) violation of G,& 143- 215. 1 (a) (6) and NPDES Permit No. NCO025861, by discharging to into the waters of the State in violation of the permit weekly average effluent limit for Total Suspended Residue. /2-. s TOTAL CIN71L PENALTY 85A5 Enforcement costs. 7- -9 $ 2q7:=-- 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. 14' )B- 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 violatimt; (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 Enviromnental 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 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 ScrNice Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request; A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the per proc—,Jure for contesting the accuracy of any of the statements contained in the assessmem. lerter- Because a remission request forecloses the option of an administm tive he--rmL,, such a request to be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation fbr-m ark! a detailed statement which you believe establishes whether (a) one, or more of the civil penalty assessment factors in G.S. 143B-292- I (b) were wron applied to the detriment of the petitioner, (b) the violator promptly abated continumig environmental damage resuhing from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous viola (e) payment of the civil penalty will prevent payment for the remainine necessary remedial actions, Please submit this information to the attention of - Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mad Service Center Raleigh,'North Carolina 27699-1617 Please note that all information presented in support of a request for remizion must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide - details regarding case status, directions for payment and provision for ftathe—r appeal of the penalty to the Environmental Management Cornnussion's Conmmirte-- on Civil Penalty Realissions. Please be advised that the Committee camot consider information that was not part of the original remission re = consjcz �4 by the Director and therefore, it is ve i o I that you a*tz and Sion OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in, this assessment letter- you must requesz=' administrative hearing. This request must be in the form of -a written 'icn to the Office of Administrative die and must conform to Chapter 1- 0B :�f t�jt� North Carodna General Statutes. )FOU rnust' File your original petition with the Oflice of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand-deUver a copy of the petition to Mr. Dan Oakley, Greneral. Counsel Department of Environinent and Natural Resources 160 t Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days. as evidenced by a date stamp (not a postmark) indicating when we received your response. Will res-uh in this matter being referred to the Attorney Generars Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessrnent, please contact the Water Quality Section staff of theMoores-ville g Re, 'o i nal Office at 7041663-1699. A,1 az 3 2 D. Rex Gleas6i� P1. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHWNTS CC.* Water Quality Regional Supervisor wi attachments ComplianceiEnforcement File w/ attachments Central Files w/ attachments RNM Attachtnent City of Lowell DES Permit No. NCO025861 Case Number LV 03-3 Limit ' Violations, December 2002 Weekly Ave e Limit Violations Parameter RgpQged Value Limit Total ended Residue 59.33 45.0 r g/l, denotes assessment ofcivil it natty. TAT OF NORTH E DEPARTMENT OF ENVIRONMENT D NATLRAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING D STIPULATION OF FACTS City of Lowell PERMIT NO. NCO025861 FILE NO. LV 03-235 Having been assessed civil penalties totaling for violation(s)as set forth in the assessment document of the Division of eater Quality dated , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative bearing in the ve-stated matter and does stipulate that the facts are as alleged in the assessment docurnent. The undersigned further understands that all evidence presented in support of remission of this email penalty must be submitted to the Director etor of the Division of Water Quality within days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 2003 BY ADDRESS TELEPHONE I NPDES PERMIT NO, P-tz-1 Q—,Z- FACILITY NAME-------<:L—/, OPERATOR IN RESPONSIBLE CH. CERTIFIED LABORATORIES (I) — CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to. ATTN. CENTRAL FILES DIVISION OF WATER QUALITY 1617 NIA IL SERVICE CENTER — 1. na 1. — ..— .1.1 EFFLUENT DISCHARGE NO.--n- Lj,'— MONTH--L CLASS---/—/-7—COU-N '7- j YEAR 2-Ozf-- (2) PERSON(S) COLLECTING SANTLES (SIGNATURE OF Ofit—R'ATODR IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE. I CERTIFY THATTRIS REPORT IS .�A^l M A."9^L" v"l-P kAnt " rn "IV nvcTnwXcv VvAtvI DWO Form MR- I f 0 1100) Facility Status. (Please"Aieck one of the following) 11 monit oring data and samplin frequencies me1:1 permit requirements El Compliant ,All monitoring data and sampling frequencies do NOT Meet permit requirements Noncompioun. if the facility is noncompliant, please comment can corrective actions being taken in respect to equipment, t, operation, maintenance, etc.w d a time -table for improvements to be made. �-^ .+�",�"f.c. .'?-&G �r ✓� ..,,ems&. �,,�.�'" .�* j r✓�' '*'.` "' .,� 7r e.c{..-,.9` y�.,xa.%,.'�:.. certify, tinder penalty of lay , that thla do t nr4 nt and alC attaclrrraents 4i ie lr la �iF13 t r3i dll all k�r sit 1st ri �rS u� �Ma�f3I with a cyst rt� designed to assure that qualill d persorataet pro rerly a er evaluate e info on submitted.;'Bas on my angue-y of the person or persons who manage the system, or those, persons irectly responsible for gathering the information, the 'information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that titer, are significenipenaltics for submitting false information, including the possibility of fines and imprisonment for knowing violations,"' Purim (please t Signature e of permlltee** Date: (Required) ittee Address phone lumber Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Coil & Grease 00951 Total Fluoride 01067 Nickel 50W Total 76 Turbidity OD600 Total Nitrogen 0100 Total Arsenic ' 01077 Silver Residual 80 Color (fit -Co) 00610 Ammonia Nitrogen en 01092) Zinc allorine 00082 Color (ADMI) _ 00625 Total Kjeldh l 01027 Cadmium 01105 Aluminum Nitrogen 5 Conductivity 00630 Nitrates/Nitrites 01032 Hesavalent Chromium 01147 Total Selenium 715so Fbrmalnydc 00300 Dissolved oxygen 01034 romium 31616 Fecal Coliform ,190E l else 00310 IUDs 00665 Total Phosphorous 33730 Total phenolics 8155f Xylene, 00340 COD 00720 Cyanide 01037 'Total Cobalt 34235 Benzene 00 pH 00745 Total Sulfide 01042 Copper" 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38360 MPAS Residue 00929 Total Sodium 01051 Lead 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Cade assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 7-13-5083 cc by visiung the Water Quality Section's web site at 1132.en !j te�� and linking to the Units inforruation pages, Use only units designated in the reporting facility's permit for reporting data. ORC roust visit facility and document visitation of facility as required per 15A MCC SG .0204. tf signed by other than the permitaee,, delegation Of signatory authority must be on file with the state per 15A NC-%C --B 506 �b) -Ptrmit \cx) "k A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting, untU e.-,pirarich n, authorized to discharge m ofroth 001 . Such discharges shall be limited and monitored by specified below: Lootnotes: 1. The monthiv average effluent BOD and Total Suspended Residue concentrari=4 snaz -,C- influent values (85% removal). 2. The pH shall not be less than 6,0 standard its no greater than 9,0 standard -,=its. 3. Chronic Toucin, (Cviodzvhnia) at 0.745'a. February May, AuZust & November 'set Par. L There shall be no discharge of floating solids or visible foam in other than =ct =oun:s. A. (2) C14RONIC TOXICITY PERMIT LIMIT - Qxi�artarN The effluent discharge shall at no time exhibit observable inhibition of repunionor sin; r Cerib4bnia dubia at an eft ] cent co ncen rration cif 0.74%. If the rest procedure performed as the first test of any single quarter results in a f or C-.N- *--c -,NL--:: Emir, then multiple -concentration testing shall be performed at a minimum, in =cH cr'the --ro ;eF described in "North Carolina Phase 11 Chronic Whole Effluent To-xicity Test or subsequent versions. Th:c chronic value for multiple concentration tests u~ill be determined using ti.- mot ==--=c cz, --He concentration haying no detectable impairment of reproduction or survival and ='-I- 1: a =-,.a: Z . �--Cs have a detectable impairment of reproduction or survival. The definition of coct::kn methods, exposure regimes, and further statistical methods are specified in the `Ncr:±. CazC�--ronc %Wholc Effluent Toxicity Test Procedure" (Revised -February 1998) or subsecluent (continued on next page)