NC0028606_Enforcement_20130130

FILEI�
FF NCNEWR
forth Carolina 1 rtm nt f Envir nr nt and hurl tar ;
Division Water Quality�
Pat McCrory rory Charles `vitaklld„ P.P. John P. Skvada, l
Governor Director Secretary
January 30, 2013 ,sue
r, Jason Joyce
NC Department ot` ranspdrtatictn
P. 0. Box 250
North Wilkesboro, boro, Furth Carolina 28659
SUBJECT- Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
f-215.1(a)t6 and NPDES Permit No. NCO 2 606
' DO 1-77 Rest Area WWTP ,
l edell County
Case No. L r - 1 -0020
Dear Mr, Joyce:
This letter transmits a Notice of Violation and assessment ofcivil penalty in the aniount of
l tJ. tl civil penalty _�: 1 enforcers nt c t) against l' 1� ep r�aent of
'Transportation,
This assessment is biased upon the following facts.- A review has been conducted of the self -
monitoring data reported for September 2012, This review has sliown the subject f" cifity to be i
violation ofthe discharge limitations found in NPDES Permit No. NCO028606. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, l conclude as a natter of law that the NC Department of
Transportationviolated the terms, conditions or requirements of NPDES Permit No. NCO028606 and
North Carolina General Statute G. .) 1 -21 .1 a d in the manner and extent nt shaven in;: Attachment
, A civil penalty, may be assessed in accordance with the maximums established by G,S: 1 :1a
21 ,t(a)t2l.
Based upon the above findings of fact and c nclusions of law, and in accordance'with authority
provided by the Secretary of the Department of Environment and Natural Resources ources and the Director
f the Division of Water Quality,1. Michael L. Parker, Surface Water Protection Regional upervisor
for the Mooresville Fein, hereby make the following civil penalty assessment against the
NC
Department f Tram p rtation
fcaoresvik6, RegionM Office
Lxaliun 313 fast Center Ave,Suite 61 Mooresville NC MI15 One
Phrani (704) 66 -1699 f F v. ,?04) 663- d01 pstomer ,�")etv€r�e 1-377-6 3- 743 NorthCarohna
hlemet http.11 rtaf.ncrienror /web?'wq ilvahmallY
An Equa, Oppon reify � A inative >a�. r, ErnpiuyeT - 30% Recyckd,'Q% POM, Consumer r: a6r

1 00.t tl For -1 of the one ( 1) violation of G.S. 1 3_21 5I a)( and
1 1._._ it'."o. NCO0286 6, by discharging wasteinto the
,,vaters of the State in violation of the pen —'nit daily maximum
effluent limit for fecal coliform.
0.00 _. For _1. ..._. of the one (1) violation f G. . 1 -21,1{ and
lvs`PD-f-,S pe it No. NCO028606,lay discharging waste into the-
,,vaters of the State in violation of the permit monthly average
effluent limit for BOO,
IKOO TOTAL CIV, IL PENALTY
$--.—J4T44 Enforcement costs
-- 247.44_ TOTAL AMOUNT DUE
Pursuant to G,S, 1 3_21 .6 c , in determiningg 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.& 1 3I -`? 2.1(b), which are:
[ 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
('12) "Ibe duration and gravity of the violations
(>) The effect on ground or surface water quantity or quality or on air quality,
(4) The cost of rectifying the d age;
The amount of money saved by noncompliance,
6) Whether the violations were committed willfully or intentionally;
( The prier record of the violator in complying or failing to comply �,Nith programs over which
the 1`~nv iresttrr e tal Management Commission his regulatory ry authority; are
( 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 thepenalty:
Payment should be made directly to the order of the Department exit of Environment and Natural
l esorttces {do not include waiver./bran). Payment of the penalty -,Ni I 1 not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of -
Point
Source Cor pliance;/Enforc erraent Unit
Division cat•"` Water Quality
1617 Mail Service Center
Raleigh, North Carolina 99-1 to 1 i
O
2. Submit a written request for remission including ar 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 pen ity assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any ofthe factual statements contained in the civil penalty assessment document. because
remission rearrest forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing d a stipulation that mo 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 Witter Quality at the address listed
below. In determining whether a remission request will be approved, this foil win factors; shall he
considered:
1 whether one or more of the civil penalty assessment factors in G.S. 14 3B- 2.1 bwere
�,vronpfully applied to the detriment of the petitioner;
(7) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of art accident-,
() whether the violator had been assessed civil penalties for any previous violations; or
whether paymentofthe civil penalty will prevent payment for the remaining necessary
remedial actions,
Please mote that all information presented in support of your request for remission roust be
submitted in writing, The Director of the Division sion of Water Quality will review your evidence
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
la,nvjiromnrenttal 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 fearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice, The Division n of Water Quality requests that you complete and submit the enclosed
"Justification for Remission Request." loth forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division ion of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 276 -1 17
OR
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 foam from the Office of
Administrative bearings. You must pile the petition with the Office o Administrative Hearings
vvvithin thirty (d) days of receipt of this notice. A petition is considered Bled when it is received in;
the Office of Administrative Hearings during normal office hours, The Office of Administrative

Hearings accepts filings Monday through Friday beoveen the hours of 8:00 a.m. and 5:00 p.m., 14
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 (if a filing
fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the fixed or electronic transinission, 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 number 'or the Office of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC, 27699-6714
Tel: [phone]pax: [phone]
One (1) copy of the petition mast also be served on DENT as follows:
Mr. Lacy Presnell, General Counsel
DENR
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 t1iirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Officefor 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 coatigpzri&Liature. nq! rqIgted to op�e tion
-—
';0 -3
(' to
ATTACHMENTS
Michael L Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of eater Quality
cc: Mooresvi Ile Regional Office Compliance File %v,/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
mlp/ma

ATTAC14MENT A
CASE O. LV-2013-0020
Outfall, Date Parameter Permit Limit
001 9/19/12 lie calcoliform 760CFU/100rnL* 400CH-1/100 ml, (Daily maximum)
001 9/30/12 BOD 32.2 mg,11, 30.0 mg,/1, (Monthly average)
Denotes civil penalty assessment
The NC Department offrajasportation did not provide a response to NOV-2013-1,V-00 19*.
Comments were provided on the September 2012 DMR describing the fecal coliform (but not the
BOD) pennit limit exceedance. `Nor ti ati actors were found to result in a, reduced civil
penalty arnount,
*NOV-2013-1,,V-0019 was erroneously issued to the NC Department ol"Fransportation as NI OVA

19
STATE OF NORTH CAROLINA DEPi.kRTNlEiN'1'01'ENVIRONMEN'r
AND NATURNL RESOURCES
COIJN TY OF IRE DELL
INTHE MArFER OF ASSESSMENT WAIVER OF RIGHTTO AN
OF CIVIL PE'NALTY AGAINST ADMINISTRNTIVE HEARING AND
NCDEPAR1NIENTOF STIPULATIO-IN OF FACTS
TRANSPOWFATION
PERMIT NO. NCO028606
FILE NO. LV-2013-0020
I laving been assessed civil penalties totaling $24,7,.44 for violation(s) as set ft)rth in the
assessment document of the Division of Water Quality dated S(2,tember,10 2013, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate, that the fiats 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 subin'tted to the Director of the Division of Water Quality within 30 days of
receipt of the notice of assessnient. 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 2013
ADDRESS BY'

JUSTIFICATION FOR REQUEST
DWQ Case r: '- 013- f12
Assessed Party: New Department of Transportation
County: Iredell
Permit Number. O0286 f
Amount .Assessed: S247,44
Please use this foirn when requesting remission of this civil penalty. You must also complete the
rust for �errtis icrfl`crir=ei ea ' litter t rr .f r rlrri, trrr i? rr irr and "la �a t� mm� s £'
n. aLv _.
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and area necessary for the Director to consider in evaluating our request for
remission, please be aware that a request for remission is limited d to consideration of the fives factors
listed below as they rrra-y relate, to they reasonableness of the amount of ti-tcivil penalty assessed.
Requesting remission is not the: proper procedure four contesting h thewr the, violations occurred or.
the accuracy of any of the factual statements contained in the civil penalty assessment document,
Pursuant to N. `. i. , § 14313- .I(c), remission of a civil penalty may be granted only when one o
more of the following five factors applies. please check each factor that you believe applies to your,
case and provide a detailed ex lanation, including copies of supporting docurnents, as to why the
factor applies (attach additional rages as needed).
a ozr ear nr of t civil o l ossm rrt a fer smi .? ,C. x ,__ � �1 -,IAL bps ore
.l
rot'rolls,
�rll a ralzo to the
rl tr�irtro tt taf l o fti er lt7t rs factors s are listed in t, civil
penalty assessment document);
an
m
ib the violator tarertrtat°
late ocartin�rirr ors=irearrrratal rltr o sultirr rra t
violation (i,e . explain the steps that you took to correct the violation and prevent a re occurrences�,°
te_ litilrvrntarar c
o} ui4y the violation
was unavoidable or something you could not prevent or prepare r)
id tiro ielatr lac1t 1?oerlr asss oiei ottaltis oz are` ri+s yielatzorr
(e) pMrfrr rrt cad tiro i $il or aft will c oat a� rout f r tth lea r irkirr rae eu�,s �� dial.
c. ._a
actions (a,e_ explain in how payment of the civil penaht , ivall trrevent youftompe~,�t)rmingthe activities
necessary to achieve compliance),
FIXPLANATION. fuse additional a es as: necessary)

NORTH CAROLI fA DIVISION OF WATER,_QUkLITY
ASSESSMENT FACTORS
Violator: NC DKpgILment of Trarins ortation
Facility-. DO"r 1- 7 lest Area
County: fredell
Case Number: ,-2013-1 u u
Permit Number: her: gg2 60
l The degree and extent of harry 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 BOD in excess of the weekly geometric mean permit limit would potentially cause a
decrease in the istream dissolved oxygen concentration downstream of the facility whereas the
discharge of fecal coliform in excess of the daily maximum permit limit could potentially cause human
health concerns downstream of the 'facility.
2 The duration and gravity of theviolation; The fecal coliforrn concentration of 760 CFU/100 mL on
September 19, 2012, exceeded the daily maximum permit limit of 400 Flb,l/100 rmL by 90% The
BOD monthly average concentration of 32.2 mg/L exceeded the permit limit of 30.0 m 1L by 3%
The effect on ground or surface water quantity or quality or on air quality; The effect on the:
receiving stream is unknown. The hest use of the receiving stream (Class C -fish/aquatic life
propagation and secondary recreation) may be altered due to reduced dissolved oxygen
concentrations caused by assimilation of oxygen -consuming wastes such as BOD and may be
altered by the elevated bacteria due to possible human health concerns; contact with water;
The cost of rectifying the damage; The cost is unknown.
The amount of money savedby noncompliance; The amount of money saved by noncompliance i
unknown.
h 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 perrnittee noted that the
chlorine residual was ua g m lL with regard to the fecal soli orm violation. A technical` assistance visit
in 2011 provided some suggestions in the operations of the WWTP with regard to prior permit limit
exceedances of BOD and T a.
7 The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management, Commission has 'regulatory authority; There have been 26 -previous
CPAs for the 1-77 best Area WWTP with no CPAs issued in the past 12 months.
The cost to the Mate of the enforcement procedures; The cost to the Division of Water Quality is
$147,44.
-
113
ate Michael L. Parker, Regional Supervisor
Division of Water Quality - Surface Water Protection
Mooresville regional Office

IT]
PERMIT: hlCOtl 8
FACILITY, RC DOT -Environmental r tion - -77 Rest Area
COUNTY,
Ir d ll
REGION: Mooresville_
Irdll County
IWIit1It Vtlticlrt
-
..;
M NIT RING OUTFALL!
VIOLATION
UNIT OF
CALCULATED
.w. '
REPORT PPI
LOCATION
PARAMETER GATE FREQUENCY
MEASURE
LIMIT
VALUE
alp OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
tag - Q1 001
Effluent
-ratio (20 Dog.) ^ 09/30/12 We klyr
rmgll
3b
3 .17
7
Monthly Average Exceeded
None tt...a
Concentration
09-09 301
Effluent
ollfo �Fe l ME, M-F� 09119f1 Weekly
#1100mi
Lill
760
90
flclylViarmumExceeded
None
Broth, ,Etv
r,.
Al,
PER IT: NCO043532
FACILITY: Town of Oakb ro - Oakboro WWTP
COUNTY:
Stainly
REGION: Mooresville
:.
Limit Violation
t'v..s�, a
MONITORING OUTFALL d
VIOLATION
UNIT OF
CALCULATED
REPORT PP!
LOCATION
PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
09-2012 002
Effluent
PH 09114112 3 X week
Su
9"
g.g L-
10,33
Daily Maximum Exceeded
Mane
PERMIT: NCO044024
FACILITY- City of Albemarle - Highway 52 WTP
COUNTY: Stably
REGION: Mooresville
Limit Violation
MONITORING OUTFALL.I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
09-2012 001
Effluent
Flown, in conduit or thru 09130/12 See Permit
mgd
0.11
0,1588
39.3
Monthly Average Exceeded
None
treatment plea