NC0028606_Enforcement_20150731

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NCDENR
North Carolina Depaftment of Environment and Natural Resources
Pat McCrory Donald an der Vaart
Governor Secretary
July 31, 2015
CERTIFIED MAIL 7015 0640 0007 5707 4760
RETURN RECEIPT REQUESTED
Mr Jason Joyce
North Carolina Department of Transportation
P, 0. Box 250
North Wilkesboro, North Carolina 28659
C-LCX-
567-
SUBJEC,r, Notice of 'Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1 and NPDE'S Pennit No. NCO028606
1-77 lest ,2,\reaIA7NVTP
tredell County
Case No. LM-2015-0015
Dear Mr. Joyce:
This letter transmits a Notice of 'Violation and assessment of civil penalty in the amount of
$943.85 ($800 civil penalty + $143.85 enforcement costs) against the is Carolina Department of
Transportation (`NCD0T).
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for March 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in NFIDES Permit No. NCO028606. The violations are summarized
in Attachment A to this letter.
Based upon the above facts-, I conclude, as a matter of law that NCDOT violated the terms,
conditions, or requirements of NPPE S Permit No, NCO028606 and North Carolina, General Statute
(G.S.) 143-215. I(a)(6) in the manner and extent shoNNm in Attachment A. A civil penalty may be
assessed in accordancepith the maximums established by G.S. 143-215.6A(a)(2).
Based upon the above findings offset 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 the Division of Water Resources, 1, Michael L Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against NCDOT:
Mooresvilie Repnai Office
Lccati10 East Center Ave,, Suite 3131 Mooresville, NG 28115
Phone (104) 663,1699 k Fax: [phone] ; Customer Service. 1 -8,77-623-674a
Internet: hui,/Iporta[ncdenr,0rgIw0b/Wq
An Equ4 Dppcftnity ':Afflrmab us Adan Employ aw - 30% Recycledl I CN6 Post Camsafnerpope,

$_200.00 For 2 of the two (2) violations of G. S. 143-215, 1 (a)(6) and
NPDES Permit No. NCO029606, by discharging -waste into the
waters of the, State, in violation of the permit daily Maximum
effluent limit for BOD.
S__100.00 For I of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Pennit No. NCO028606, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids.
S 250,00 For— I of the one (1) violation of G,S. 143-215.1(a:)(6) and
N PDES Permit No , NCO02 86 06, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
S_250.00 For I of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO028606, by discharging Nvast e into the
waters of the State in violation of the perrifit, monthly average
effluent limit for total suspended solids,
00.00 TOTAL CIVIL PENALTY
$--- --143.85 Enforcement costs
$943,85 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. 14313-282. l(b), which are:
(1) The degree and extent of hann to the, natural resources of die, State, to the public healtit, 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 amount of money saved by noncompliance;
(6) N'V'hether the violations vvere 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.
Within thirty days of receipt of this notice, you must do one of the following-

payment of the penal"7:
+I- - 11Vf�
rayment SnOWU DC made directly to the order of T-A Upat L11 ICIR of V it V I 01MIK,11 and t 1 UUI
Resources dey not include waiverjbrin), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of,
Wastewater Branch
Division of Aeater Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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
ac companied b Y a waiver of your ri ght 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 Resources at the address listed
below. In determining --x1tether 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. 14313-282.1(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
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 Nvill 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 fob 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" fomi within thirty (30) days of receipt of this
notice. The Division of Water 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
on
3. it a petition for an administrative hearing with the Office (if Administrative Hearings:
If you wish to contest any st .� atement 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 Office 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 (tax) or electronic rnail by an.
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if afiling
fee is required by NCGS § 150B-23 .2) is received in the. Of of, dminist ati e Hearings within
seven (7) business days following the fat or electronic; transmission. You should contact the
Office of`: d inistrative Hearings Nvith all questions regarding the filing fee mid/or the details of the
filing process. The mailing address and telephone and fay numbers for the Office of Administrative
Hearings are, as follows:
Office of Achninistrative Heanngs
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEENR as follows:
Mr. Sam M. Hayes, 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 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 erl of this assessment. if you have any questions about this civil penalty assessment please
contact staffin the Mooresville Regional Office at ' 3-1 u
�p
�..w
tee Michael L. Parker, Regional Supendsor
Water Quality Regional Operations Section
Division of hater Resources, NCDENR
ATTACHMENTS
e: MooresvilleRegional Office Compliance bile w/ attachments
Raleigh Compliance/Enforcement File NvV atta h ents
Central files w/ attachments

ATTACHMENT A
CASE NO. LM-2015-0015
Outfall Date Parameter Reported Value
Permit Limit
001 3/12/14 BOD 65,4 mg/L,*
45 mg/L
001 3/26/14 BOD 68. 1 mg/L*
45 mg/L
001 3/12/14 TSS 438 mg/L*
45 mg/L
001 3/31/14 BOD 44.1 mg/L*
3 0 in gfL,
001 3/31/14 TSS 132.22 mg/L*
30 mg/l.
Denotes civil penalty assessment
The NCDOT's response to NOV-2014-1,M-0022 received on August 11, 2014 was
reviewed by DWR staff. Mitigating factors were not found to result in
a reduced civil
penalty ancount.
An amended February 2014 DM R was submitted to include the missing
total nitrogen and
Natal phosphorus results during the first quarter of 2014.

PPP'
STATE OF NORTH CAROLA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMLENT WAIVER OF RIGHTTO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING 'AND
NC DEPT, OF TRANSPOWFATION STIPULATION OF FAC,rs
PERMITNUMBERNC0028606
FILE NO. Lit- 2015-0015
Having been assessed civil penalties totaling $243.81.5 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated july_28,2014, 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
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 Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request Nvill be
allowed after 30 days from the receipt of the notice of assessment.
This the day of
BY

JUSTIFICATION FOR REMISS!qLELQLJEST
DWR Case Number: LM-2015-0015
Assessed Party: NCDOT
County: Iredell
Permit Number: NCO028606
Amount Assessed. $943.85
Please use this form when requesting remission of this civil penalty. You must also complete the
'Facts inistract ive _&earinj,and Sti mation o
p
farm 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 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 why the
factor applies (attach additional pages as needed).
(a) one or more of the, re
(the assessmentfactors are listed
in the civil penally assessment document);
(b) the viol
violation (i. e ., explain the steps that you took to correct the violation andprevet t
fiaure, occurrences),-
(c) the violation was inadvertent or a result of aia accident (i.e, explain why the violation
was unavoidable or sot?iethingyc)ucoul(Jitotprevent orprepare,for);
(d) the violator had not been assessed civil gr �e4ajtie��orary evious violations-,
�_m,__
(e) r the rentainine necessary remedial
act
ions (i, e,,, explain hou, as of the civil penalty willprevent youftom pelforming
the activities necessaq to achieve compliance),
EXPLANATION. (use additional pages as necessary)

3
NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: NCDOT
Facility: Iredell 1-77 Rest.Area WWTP
County: Iredell
Case Number: LM-2015-0015
Permit Number: NCO028606
The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is
$143,85:
Water Quality Regional Operations Section
Division of Water Resources, NCDENR