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Home My WebLink AboutNC0028606_Enforcement_20140425L E NCDN North Carolina Department of Environment and Natural Resources John E. Skvarla,111 Pat McCrory Secretary Governor April 2e 21 ,Ft TjFj. I AIL 7010 0290 0000 4565 2162 l� TURNp I S'pD Jr. Jason Joyce North Carolina Department f Transportation P.O. Box 250 North Wilkesboro,North Carolina 28659 SUBJL C T: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. j (a)(d) anand ? PDES lie pit No. NCO028606 I-22 best Area I.red ll County my ` T redell County Case No. L-2014-0 4 Dear Mr.Joyce: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $349,22 ($200.00 civil penalty + $149.22 enforcement costs) against the North Carolina Department of Transportation This assessment is lased upon the following facts: A review has been conducted of the self -monitoring data reported for November 2113. This review has shown the subject facility to be in violation of the discharge limitations found in l~'>IPDES Permit No. NC0028606. The violations are summarized in Attachment A to this lettter. Lased upon the above facts, l conclude as it matter of law that the forth Carolina Department of Transportation violated the terns, conditions, or recluirernents of NPD S permit No. NCO028606 and North Carolina General Statute t �.S,) 142-21 .11a () in the manner and extent sloven in Attachment ent A. civil penalty may be assessed in accordance ,with the maximums established b ti;S. 142- 21 5.A(a)(2.. pof fact d c�lnclusions of lave, and in accordance with authority Based upon the above findings provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, 1, Michael L Parker, Regional ional Supervisor for the Mooresville Region, hereby made the following civil penalty assessment a ;airrst the North Carolina Department of Transportation. klooresville Regi sil Offi e Location 510 East Center Ave, Wte 301 1Aoorasville, NC 29115 Phone (704) z Fax (M4) 555-5 41,.+. r,,Listonmer Service l R8 7.5 3-6748 Internet tittp`,' PoftRi,ncden".orgj'webiivq AR Equa, CAPPeflWaVY �frnahve Aclmr Eur,14,mycRecylule& 11 04, f+,i _QP5u r,F,4 PPef 2K00 2K00 l4912_____ 34U2 For I of the one (1) violation of G.S. 143-215. 1 (k)(6) and NP15f—SParnut No, NC0028606, by discharging waste into the waters of the State in violation of the pernift daily maxis urn effluent limit for fecal coliform. l"or I of the one (1) violation of G.S. 143-215.1 (a)(6) and, NP15f_�'--lie n-nit No. NCO028606, by discharging waste into the waters of the State in violation of the permit daily maxiniurn effluent limit for total suspended solids (TSB;):. TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUF Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Factand Conclusions of l.aw and the factors set forth at US. 143B-281 I (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 front 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 darnage; (5) The amount 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 progrzinns 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 penalty: payment should be made directly to the order of the Department of Environment and Natural Resources fe rr not include Tvaiverfiortn), payment of the penaltywill not foreclose further enfi-,)rcernent action for any continuing or new violation(s). Please submit payment to the attention of Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Um 2. Submit a written request for remission including a detailed justification for such request: FF 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 air 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 wby you believe the civil penalty should be remitted, and submit it to the Division of Water Resources 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 G.S. 143B-282.1 (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 reTnedial actions. Please note that all information presented in support of your request for remission must be submitted inwriting, 'The Director of the Division of Water Resources will review your evidence and j nfo rut , ponse will provide details , you of his decision in the matter of your rernission request. The res regarding case status, directions for payment, and provision for further appeal of the penalty to the Envhoar rental Management Corm-nission's Committee on Civil penalty Remissions (Committee). Please be advised that the Corrunittee cannot consider information that wzvs, 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 rernission, 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. Tbe Division of Writer Resources also requests that you complete and submit the enclosed -justification for Remission Request." Both, forms should be submitted to the following address, Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR File a petition for an administrative hearing with the Office of Administrative Hearings: if you wish to contest an), 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 Oft -Ice of Administrative flearings, 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 — and 55-00 - I . F- except Bor official state holidays. Tbe petition may be filed by facsitnite (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 § 1 50B-23 2) is received in the Office of i' dministrative 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 andior 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 Center Raleigh, NC 27699-6714 Tel-. (919) 431-3000, Fax: (919) 431-3100 One (1) copy of the petition is also be served on DEN R 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 thirty (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 Of 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 you have any questions about this civil penalty assessment please contact staff in the Mooresville Regional. Office at (704) 663-1699 fate) ate Michael L, Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR ATTACHMENTS c1c., Mooresville Regional Office Compliance File w/ attachments Raleigh Corripliance/Ehforcement File -A,,/ attachments Central Files w/ attachments ATTACHMENT A CASE NO. LV-2014-0044 Outfall Date Sara meter Rwff!a Pei It _Limit 001 11/14/t3 Fecal coliforni 1, 600 C FU/ 100 mL 400 CFU,,,,,'100 mL (Daily maximum) 001 11 /14113 rss 48O mg/L 45,0 rng,/L (Daily maximuni) Denotes civil penalty assessment -the North Carolina Department of Transportation did not provide a response to NOV- 2014-LV-0084 issued on March 4, 2014. Mitigating factors were found upon review of the information provided on the N'overnber 2013 Discharge Monitoring Report. 'STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ,:tJ TT OFIRED L, INTHE MATTER OF ASSESSMENT i 'WAIVER OF RIGHT TO AN F CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND NORTH CAROLINA DEPARTMENT ENT OF STIPULATION OF FACTS TRANSPORTATION PERMITNO. NCO028606 FIDE NO. LV-20I4-00 Having been assessed civil penalties totaling $349.22 for violation(s) as set forth in the assessment document of the Division of Water Resoui� es dated AnfLl 28,2014, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to are administrative hearing in the above -stated matter and dries stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support ofremission of this civil penalty must be submitted to the Director of the Division ofWater Resources within 30 days of receipt of the notice ofassessanent. No new evidence in support of remission request will be allowed attar 0 days from the receipt of the notice of assessment. This the day of 2014 IM ADDRESS 'TELEPHONE PHON J11STIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2014-0044 Assessed Parq,-. North Carolina Department of Transportation County: Iredell Permit Number: NC.0028606 Amount Assessed: $349,22 please use this forma when requesting remission of this civil penalty. You must also complete the fiiLi:L,�,r o Righ aa WnCirCzj�cgtive He , i it LuLto I ---k - --f -LLq-- --:4— ----o _So� iL of F�Lcts 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 whether the violation(s) occurred or the accuracy of any of the factual statements contairied in the civil penalty assessment document, Pursuant to N.C,G,S . § 14313-282. 1 (c), rernission of a civil penalty may, be granted only when one or more of the following five factors applies, Please check each I 'actor 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) one or more of the civil_jigty, assessment factors in N.C.G.S. 14313-28 were pg- — Aro gailly d to detriment ofMthc etitim -he assessmetif factors are listed in the civil pen alq, assessment docupnamr ); (b) the violator p;pony tlyabged_�,ggt al e,s_ultinfroni t k-- violation (i. e., (#rplain the steps that you took to correct the violation andprevent jiiture occurrencel�),, (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation Tvws unavoidable or something you could not prevent orjorepare_lb),, (d) the violator had not been assessed civ, for evious violations (e) RAymignt oL)Lq rvLJ poia -he remai mneqessary remedial Iy-miUTrpyptitpayrue�� for t actions e., evp1ain hmvpqyinent of the eivilpenalir, willprevent youfrom pea forming the activities necessarY, to achieve eo?rzpflon), EXPLANATION: (use additional pages as necessa)j,,) Violator: 'North Carolina Qc ent ofTransportation Facility: 1-77 Rest Area Iredell County County: Case Number- LY-20.14-0044 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 fro the violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; The best use of the receiving stream (Class C — fish/aquatic life propagation) may be altered due to elevated bacterial and total suspended solids concentrations, 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of one saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; The Division of Water Resources has no evidence that 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 There have been 29 previous CPAs for the 1-77 Rest Area WWTP with one CPA issued in the past 12 months, Case Number Description The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is $14912, Michael L Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources. NC E JI' MONITORINGREPORT(VIOLATIONS for. I R%sort Datw 02114/1 l e Page: 1 or l i i t ,.. MIT: NCO028606 FACILITY: NC DOT ,w Environmental Operations . I-77 Rest area COUNTY: Ireat ll REGION: Mooresville Ir dell County Lirnit Violation w. MONITORING E?UTFALL VIOLATION UNIT OF CALCULATED i REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT t VALUE .` % OVER LIMIT VIOLATION TYPE VIOLATION ACTION T1 _ 001 Effluent Coliform, Fecal ME, _F 11114113 Weekly Alloorril 4Lltl�" 1.E00� 300 L3aty Maximum Exceeded Nave Broth,44. C 1 d 01 0 1 9 8 —4A 3n W'tl: F t Sands, Total Suspended - 1 n 1� i..'r'1t+ R 4A`kf f k� Weekly ri�tY�. k "t 4tVF.n,F{ y p q Daily �VI".YuiePi:ii.�CrxezG':^l"k Nisi} None Concentration m J g rs .-lI7 T�IIIT FACILITY. Aqua C CJVT'. Mecklenburg_ l.f: Mooresville Limit Violatn CvtO TORINC CUTFAt11 IL ViCLATEQAd k,dNITQF CALCULATED.' REPORT P'Pl t LOCATION PARAMETER DATE FREOUENCY MEASORE LIMIT VALUE % OVER LIMIT VIDLA"Tnrl TYPE VIOLATION AC ION 11 -2013 001 Effluent CIO), Oxygon„CtisSolved 11/06/13 Weekly s ' 1 .... R ' d 6t. 6.E7 Daily Miornurra Not R ach4d Mane PERMIT, NCO068705 FACILITY, Mariners Watch HOMeOwners Association - Mariners COUNTY. Mecklenburg REGION: Mooresville Watch WWTP Limit Violation MCMTORINC OUTFALLd �ti. VIOL,ATION UNIT OF C LCULATED REPORT PPI LOCATION-",,, PARAMETER DATE FREQUENCY' MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE .' VIOLATION AcTiON`� t`` � 11 -2013 001 Effluent ',,Flow, in conduit or thru 11/30113 Weekiy rngd U025 a.C1033E 45 Monthly Average Exceeded None `F Veatment plant ., I Violation Penalty Worksheet Facili IR77 Rest Area l I�overnber 13 Flow: 0.0 3 MGD I.nI_T _ � PreviousViolations:� 0 Pe aloe l�A Proposed 1 � _ Y 0Yea o [ Multiplier:Response: Comments: 4. _- Information: 2014.o response was received of April 14, f11 fecal coliform violation (1,800 CFU1100 mL; which was 3 0% exceedance of 400 FU/100 mL permit limit) and one daily DMR maximum total suspended solids violation (48.0 rng/L. which was a 6.7% Information. f' exceedance of 45,0 mg/LT permit limit) on November 14, 2013, DMR notes that the "TSS and fecal coliform were '.non -compliant on November 14, 2011 Plant operations were normal that day and chlorine was checked prior to sampling." Previous There has one CPA issued for this VVWTP since November 2012 (July Violation 013). We have issued five NOVs in the previous 12 months (Dee-12 for Information: pH; Jan-13 for tip and T l Feb-13 for pH,Mar-1 3 for fecal coliform- and June-13 for fecal coliform). There were two daily maximum and one monthly average violation for BOD and three daily maximum and one monthly average violation for TSS for July 2013 (six of seven violations assessed). The perrnittee noted on the July 2013 DMR that there were BOD and TSS violations and that "we have had an excessive July-13 mount of rain during the month which kept the plantfrom properly treating the wastewater corning into the plant," The WWTP has a permitted flow limit of 0.018 MGD and the flow noted on the July 2013 DMR ranged from 0.003 MG[MGD to 0,006 MGD. This is similar to the flow noted during May and June 2013 when the TP was compliant with permit limits except for a single fecal coliform e deedance on June 26, 2013a , Other Relevant MRO staff performed a Technical Assistance visit on May 2, 2011, Infor at on: following a previous period of non-compliance to assist with operation/maintenance of the WWTP. Propos00 ed v � Penalty increaseDecrease 0 e Penalty lFi Final mNotesy Page t of 1 [~rev. 0, 1-10/14