NC0028606_Enforcement_20131213

FiLEMI�A
r4'C4D 4 'N'-"R
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A, Reeder John E, Skvarla, III
Governor Director Secretary
December13, 2013
CERTIFIED MAIL 7010 1870 0001 1558 1429
RE14JRN RECEIP11EQLL�iM
Mr. JasonJoyce
North Carolina Department of"Fransportation
P,. 0, Box 250
North Wilkesboro, North Carolina, 28659
SUBJEC"17- Notice of Violation and Assessment of Civil penalty for
Violations of N.C. General Statute 143-215. l(a)(6) and NPDES
permit No. NCO028606
NCD0'f 1-77 Rest Area WWI'P
Iredell County
Case No. LV-2013-0227
Dear Mr. Joyce:
This letter transmits a Notice of Violation and assessment of civil penalty in thearnount of $1,048.91
($900.00 civil peirafty+ $148.91 enforcement costs) against the North Carolina Department of
frarispottation.
'fhis assessment, is based upon the following facts: A review has been conducted of the self -monitoring
data reported for July, 2013, 'Flhs review has shown the subJect facility to be in violation of the
discharge limitations found in NPDES, Perrait No. NCO028606. T'he violations are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that thee North Carolina Department of
'rransportation violated the terms, conditions, or requirements of"NPDES Permit No. NCO028606 and
North Carolina General Statute (G.S.) 143-2151 (a)(6) in the manner and extent shm"vil 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 theDivision of Water Resources, 1, Andrew Pitner, Assistant Regional Supervisor for the
Mooresville Region, hereby make the following, iv it penalty assessirrent against the North Carolina
Department of 'fransportatiow
hrlisoresviRe Regional Office
Locaficn610, East Center Ave, Suite 301 Macresvi1c, NC 28115 One
Phone [phone] Fix (7 Nt 663-6040 ' Custr'�nier Serece 1-877 6216748 NbthCar(Aitia
Y.Eua
I M Opp ortunRy 'A €irrnaluve A'- tfoul ["Flip 301,' iA post Ucn'�"myv papir

MOM For 2 of the two (2) violation(s) ofG,S. 143-215,1(a)(6) and 14
NPDF1'S permit No. NF70028606, by discharging waste into the
waters of tire State in violation of the pertint daily niaximurn
effluent firnit fear biological oxygen dernand (BOD).
ttttetlif For of the three (3) violation(s) of G.S. 143-2115o l(a)(6)
and N11DES, Permit No. N,("0028606, by discharging waste into
thew ,caters of the. State in violation of the permit daily maximurn
effluent limit for total suspended solids JSS),
For I of the one (1) violation of G.S, 143 -215. 1 (a)(6) and
NPDES lie trait No. NCO028606, by discharging waste into the
waters of the State in violation of the pen -nit monthly average
effluent limit f(,,)r biological oxygen demand (BOO).
250M For I of the one (1) violation of G. S. 1, 43-215, 1 (a)(6) and
NPDI..'S Permit No, N(0028606, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
900,00 TOTAL CIVIL PENALTY
148.91 Enforcement costs
1.048M 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 ofLaw and the factors set forth at G.S, 14313-282, 1 (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 ftom 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:
() 'rhe cost of rectifying the damage,-,
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
t,7) The prior record of the violator in complying or failing to comply with Programs over which
the Environmental Management ('onrmission has regulatory authority, and
(8) 'rhe cost to the State ofthe enforcement procedures.
Within thirty days of receipt of this notice, your ust do one of the following:
.1. Submit payment of the penalty:
Payment should be inade directly to the order of the Department of Environment and Natural
Resources (do not include waiverfiorM), Payment of the penalty will not foreclose further
en forcement action t6r ,my continuing or new violation(s),

Please submit payment to the attention ob
Point Source Com,pliance/Er),.f(,-)rcerrient Unit
Division ofWater Resource,,.;
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 as request for rernission is limited to consideration of the five factors listed
below, as they may relate to the reasonableness of the arriount of the penalty assessed. Requesting
remission is not the proper procedure fior 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 staternent that establishes why you believe the
civil penalty should be, remitted, and submit it to the Division of Water Resources at the address listed
below. In deter-truning, 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, 1431 -282. 1, (b) were
'rongfolly applied to the detriment of the petitioner,
(2) ��vhether 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 Resources will review your evidence and
infi-,)nn you of his decision in the matter of your remission request. The response xvill provide details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
Environmental, Management Commission's Conanittee 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 irk support of your request for rernissiori.
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 Resources also requests that you complete nand Submit the enclosed
"Justification for Remission Request." Both fortris should be submitted to the fiollowing address:
Point Source Compliarice/Enforcer nent Unit
Division of Water Resources

1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wishto contest any statement in the attached assessment document you must file a,
petition for art administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Of 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 nori-nal office hours. The Office of Administrative
Hearings accelits 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 b facsimile (fax) or electronic mail by an
y
attached rile (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS § I 5OB-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
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service ("enter
Raleigh, NC 27699-6714
Tel: [phone]
Fri.-\ [phone]
One (I ) copy of the petition MU,st also be served on, DEN R asfollows:
Mr. Lacy Presnell, General Uwrisel
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, thirty (30) days of receipt of this notice, as
evidenced by an internal date/tii-ne received stamp (not a, postmark,), will result in this matter being
referred to the Attorney Gencral's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed f,,'(,)r violations that occur after the
review period of this assessinent. If the violations are of a continunn nature not related to_TSIaripti
and/or maintenance problem,,,,,,.Andyqq _Aq fi apate remedial construction activities there
to consider a plyLnsyj' -gL5 -41 (.,)Lr er bLC"olisent. If vou have q� ,A tjthi,,,� civil penat V-
d�— 11y L -
assessment ooa a SDecial-Order by Cqp,se "gA:g : q n tact the Water Resources staff of the Mooresville
&qgLojjpl_fffic 6633 -j 6 99.

i
I
4
41
(mate) Andrew Pitner, Assistant Regional Supervisor
Mooresville Regional Office
Division of Water Resources
ATTACHMENTS
CC' Mooresville RegionalOffice Compliance File / attachments
Raleigh ompliance/En reenient Fiie tee./" attachments
Central miles w/ attachments
ap/ma

ATTACHMENTA
CASE NO. LV-2013-0227
Ouffall Date Parameter
Reported Value
Permit Limit
001 7/18/13 BOD
107.0 m,g/L*
45.0 mg/l, (Daily maximum)
001 7/2 4,/13 1,30E1
196,0 mg/l,*
45.0 ting/I., (Daily maxinrum)
001 711`3 1 A 3 BOD
72.0 ing/P
30O nig/L (Monthly average)
001 7/18/13 TSS
72.7 ing/P
4-5.0 mg/L (Daily maximurn)
()Of 7 24/13 J'SS
176O mg/P
45O as (Daily maximum)
001 7/31/13 'I'SS
473 mg/L
45.0 rng/L (Daily maximurn)
001 7/3 11" 13 TSS
673 Mg/L*
-30.0 mg/L (Monthly average)
Denotes civil perialty assessment
The Nortli Carolina Department of Transportation
did, not provide a
response to NOV-
2013-L,V-0576. DWR staff did review the
comments provided on tile July 2013 DNIR.
Mitigating factors were not found to result it) a reduced civil penalty
arnourit-

A
STATE OFNORTH CAROLINA DEPARTMENTOF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY01' II EDELL
RNTHE MATTER, OF ASSESSMEN'r WAIVER OF RIGHTTO AN
OF CIVIL PENAUrY AGAfNNST ADMINISTRATIVE HF"ARING AND
NOR"I'll (,A-ROUNA DEPARTHE NTtip' STIPULA]"ION OF FACTS
Tl;�ANSPORTATION
PERMIT NO, NCO028606
FILE NO. LV-2013-0227
Having been assessed civil penalties 'totaling $1,,,048.9t for violation(s) as set forth in the
assessment document, of the Division of Water Resources dated December 11-2013, 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 facts are as alleged in the assessment
doetanent. The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director ofthe Division of Water Resources within 30 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,
flus the day
BY
ADDRESS

01"TE
JUSTIFICATION FOR REMISSION RE ST
DWR Case Number: LV-2013-0227
Assessed Party: North Carolina Depar-trrient of Transportation
Coun(y: Iredell
Permit Number: NCO028606
Amount Assessed: $1,048.91,
Please rise this form when requesting remission of this civil penalty, You must also completethe
Fge?njssion, fI,"oiver..oL&-& &Ly ibj rative I ( y�nist I i1a
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 tor
rernission- Please be aware that a request for remission is limited t�-) consideration of the five factor.,.;
listed belovv, as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure tbr contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment docurnent.
pursuant to KC. G.S. § 14313-282, 1 (c), remission of'a civil penalty may be granted only when one or
more of the flollowing five factors applies. Please check each, factor that you believe applies to your
ca,w 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 ncn4ftv is nj -a I 282.1
f_cr�rsjn 'N.C.G.S. 14 t
-B-
v1,jQtjgftij,jy u) lied to the ��t iqat h itiongi (Me assessment c.ors, are listed
_ T _ _L
A im -- oy�-ppL /a I
in the civil penalty �tvsessrnent doezvnent„) -1
(b) the violat mental dania r 'su I ti in from the
abated
.violation (i, e, explain the steps that you took to correet the violation andprevent
,future occurrences)"
(c) the violation wzis inadvertent or a result of an, accident (Le., evplain wh the violation
was unavoidable or somethingyou could twl prevent or prepitre.1br),'
(d) the violator had not been assessed eivil I vio
Nnalti
LILs to r Ally -previous latic ns
(e) p -,nt oCLhq v, I eq'�A-tfy will PIP-Y�Ll"ltiq meiitf(,L h� remedial
qyrQe_ _Sjt j_p _ - �!— IM
-teniait' _R_ --L
actions (i. e, axplain how pqc tment qf the civil penalfaivill prevent youftom pe frrrrzirrg
the activities necessar.), to achieve complkmcc)
EXPLANATION: use addition alptiges as necessar,Y)

Violator: North Carolina 92c�artmi�nt QfTransportafjc�n
Facility: 1-77 Rest Area WWTP
County: Iredell
Case Number: LV-2013-0227
Permit Number: NCO028606
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;
I MMOI M,, IN 0 M I ME MR.
•- 0
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. The best 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 BAD and could
impact aquatic life propagation due to increased solids.
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 Resources has no evidence that the violations were committed Willfully or
AritentionaHY, The permittee did not provide a response to the 'issued N&NRE letter (NO\1�2013-Lv-
0576. The permittee did provide the following on the July 2013 DMR regarding the violations, 'We

No
IM
have had an excessive amount of rain during the month which kept the plant from properly treating
the wastewater coring into the plant-" The WWTP has a permitted flow limit of 0,018 MGD and the
flowernoted on the July 2013 DMR ranged from 0.003 MGD to 0.006MG, This is similar to the flow
noted daring May and Juno 2013 when n the WVVTP was compliant with permit limits except for
single focal colif arrn exceedance on June 26, 2013,
"The prior record of the violator in complying or failing to comply with programs over which the
Environmental 'i Management Commission has regulatory authority; and
There have been 28 previous CPAs for the 1-77 Rest Area iP with two CPAs issued in the past
12 months.
The crest to the State of the enforcement procedures..
The cost to the Division of Water Resources is $148,91.
4
A d4w+
Date Andrew Pitnr, Assistant Regional Supervisor
Mooresville Regional Office
Division ofWater Resources

Report Date: 10/02113 Page: 4 of 6
PERMIT:
NCO028606
FACILITY. NC DOT -Environmental Operations - 1-77 Rest Area
COUNTY. Iredell
REGION: Mooresville
Ire ell County
Unlit Viclatlon
MONITORING
REPORT
OUTFALL I
PPI
LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
07-2013
001
Effluent
ROD, -CO5a (20 deg C) -
Concentration
y
07118113
Weekly
mg/l
45
107
13778
Daily Maximum Exceeded
None
07-2013
001
Effluent
BOD, 5-Day (20 Deg. C) -
Concentration
07124/13
Weekly
rngA
45 r
196
335,56
Daily Maximum Exceeded
None
07-2013
001
Effluent
BOO, 5-Day (20 Deq. C) ®
Concentration
07131113
Weekly
mg/l
30
72.02
14007
Monthly Average Exceeded
NoneR
07-2013
001
Effluent
Solids, Total Suspended -
Concentration
07118113
Weekly
ingfi
45
723
61,56
Daily Maximum Exceeded
None
07-2013
001
Effluent
Solids, Total Suspended,-
Concentration
07/24/13
Weekly
g1l
45
176
291.11
Daily Maximum Exceeded
None,#
07-2013
001
Effluent
Solids, Total Suspended -
Concentration
07131113
Weekly
mg/I
45'
477
6
Daily Maximum Exceeded
None
07-2013
001
Effluent
Solids, Total Suspended -
Concentration
07/31113
Weekly
mg/I
30
67,34
124.47
Monthly Average Exceeded
N
L ,
PER IT:
K0058084
FACJLITY.,�"'Gougb n Inc - Gough Eton WWTP
1
COUNTY:
Mecklenburg
t
- ------ RIEC?ION: tore
Limit
MONITORING
REPORT
07-2013
Her i LOCATION PAF
001 1 ", Effluent Nit,
N) -
77— >
VIOLATION LIMIT OF CgLCULATED
METER DATE FREQUENCY MMSURE LIMIT WALUE % OVER LIMIT". VIOLATION T`rk VIOLATION ACTIOera rnrno N/"'
im Total (aii), 07131113 2 X month rrq/1 2­ 3,14 Monthly Average
`Ex None
'oticentration ,! Exreeded