NC0028606_Enforcement_20160113

PAT MCCROR'Y
e. Governor
NALD R. VAN DER VAAR:T
Secretary
S. JAY zIMMERMAN
Director
January 13, 2016
Certified Mail #7015 1520 0002'761
etlar legit r�atd
Mr. Jason Joyce
C Departuent of Transportation
Post Office Box 250
NorthWilkesboro, NC 765a05
SUBJECT. Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina general Statute . _ l J- l 5.1( )(
and NPDES Permit No. NC0028606
C Department of Transportation
1-77Rest Area WWTI'
Case No, V- 16-0dd
1red ll County
Dear Pernrittee
This later transmits a Notice e of Violation and assessment of civil penalty in the amount of $550,53 $ 5p.110 civil penalty
100.53 enforcement costs) against The forth Carolina Department urransportat on (1CDOT).
This assessment is based upon the following facts; a review has been conducted of the discharge monitoring report (DMR)
submitted by NCDOT for the month ofAugust 2015, This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES Permit No. NCO028606. The violations, which
occurred in August 2015, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that NCDOT violated the terms, conditions or
requirements ofNPDES Permit No. l Cdd2 606t and G.S. 1 3a215. i(s)6) in thernarmer and extent shown in Attachment
A. In accordance with the maximums established by G.S. 1 3- 15,6A(a)t , a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit requited by C.S. l 3-? 15.1 as
Based upon the above findings of fact and conclusions of lave, and in accordance with authority provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of eater R.esources,1, W, Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby male the following, civil penalty assessment against
NCDOT:
State of Notch Carolina { Environmental Qaallty � Water Resource% € Water Quality Ft40nal operati"s
t fooresville Region i ee€ fa1Q East t;.nstterAvenue,suite 301} ^taorosv%1ie, Ner^h Carr tna 28115.
zn.r Oro

J200,00 2 of the 2 violations of 143-215.1 (a)(6) and NPDES Permit No.NCO028606, by discharging waste
water into the waters of the State in violation of the Permit Daily Maximum for BOD.
12KOX00 1 of the I violations of 143-215. I(a)(6) and NPDES Permit, No.NCO028606, by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for BOD,
j450200 TOTAL CIVIL PENALTY
$100.53 Enforcement Costs
1650 53 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. 143B-282.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 from 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;
(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 Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures,
Within thirty (30) days of receipt of this notice, . you must do one of the following-,
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Optioul.- Submitpaymewtofthepeltalty.
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;
Wastewater Branch
Division of WaterResources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option2: Submit a written request for remission or mitigation 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 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. 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 and
agreement 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 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 NCGS 14313-282, I (b) was 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 action&
Please note that all evidence 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 inform you of his decision in
the matter of your remission, request. The response will provide details regarding the case status, directions for
payment,, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil , Penalty Remissions (Committec)- 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 r remission - you must complete and submit the enclosed "Request for Remission of Civil penalties,
re remi
Waiver of R alit to an Administrative Bearg, and Sri ir-y rece
i t of this
_ggd_Stipu _t _L3Q)A_ay_sof
lation of facts" within jL
notice, The Diision of WAter Resources also re ueststhaLyouqo Acre and submit t Ju
stification for
v-
Repussion Reqqest."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 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 (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 Administrative Hearings within seven (7) business days following the taxed or electronic transmission. )Lou —
filing tiro cess,
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 [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr, Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the ease number (as found on page one ofthis letter) on the petition_ Iq
Failure to exercise one of the options above within thirty ( ) days of receipt of this letter, as evidenced by an internal
date/time received stamp not a postmark), will result its this chatter 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 period of this assessment:
If you have any questions Tease contact Roberto Scheller with the Division ofWater Resources staff of the Mooresville
Regional Office at 04) 663-1.699 or via email at rcrbert .s hellcrt �irtede ov,.
Sincerely;
'w , Corey Basinger, Regional Supervisor
Water Quality, Regional ional Operations Section
Mooresville RegionalOffice
Division of Water Resources, NCDEN1
ATTACHMF,NTS
Cc WQS Mo resv°ille I e ional Office - Enforcement File vv=hatt chtnent )
'NPDE C omplia tce :nf rcerrae.nt I Mit - Enforcement File (w/ chrnents)
Central piles, Water Quality Section (w/attachruents)
RL

ATTACHMENT
CASE NO, LV-2016-0008
Outfall
Date
Parameter
Reported Value
Permit Limit
001
8F6-/-2015
BOA
72.6 rig/I
45 m /t (DailyMaximum)
1
8/26/2015
BOD
67.6mg/l
4 /I (Daily irk
01
8/31/2015
BOD
42.1 /I
30 mg/l(Monthly Average)

JUSTIFICATION FOR REMISSION REQUEST I
Case Number: LV-2016-0008 County: Iredell
Assessed Party: NCDOT 1-77 Rest Area WWTP
Permit No.: 1'sTCO028606 Amount Assessed0-53
Please use this form when requesting remission of this civil penalty: You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, andStipulation ofFacts" 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
factor-, 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) occuiTed or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143 B-282. I (c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. 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 civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civil pen alti, assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation card prevent, future occurrences)"
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation Tvas unavoidable, or
something you could not prevent or preparefor);
(d) the violator had not been assessed civil penalties for any previous violations-,
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
howpayment of the civil pen aI4, will prevent yo tifirom performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE p NORTH 1 C1 i I EPART NT OF F 3�O E T
AND NATURAL RESOURCES
COUNTY OF`IREDELL
IN THE NlATTER OF ASSESSMENT WAIVER OF RIGIIT TO AN
P cTVJL PENALTIES GAINST 3ADMINISTRATIVE REAJdNG AND
STIPULNTION OF FACTS
North Carolina Department of Transportation �
1-77 Rest Area WVVTP
PERMIT NO, NCO028606 CAE NO. LV- 1 -i1 118
Having been assessed civil penalties totaling 550.51 for violation(s) as set fartlr in the assessment document of the, Division
of Water Resources dated January 13, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative bearing in the above -stated utter 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 thirty (0) days of receipt of the notice
cif assessment. No new evidence in support of a remission request, will be allowed after P) drys from the receipt of the
notice of assessment.
m�.
This the da �` of w.�_-___..T� � �g
SIGNATURE
A_DDRESS
TELEPHONE

DIVISION OF WATER RESOURCES - CIVIL PENAUTY ASSESSMENT
Violator: NC Department of Transportation
Facility Name: 1-77 Rest Area, WWTP
Permit Number: NCO028606
County- Iredell
Case Number: LV-2015-0008
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;
No harm has been documented; however, BOD effluent exceedances are likely to impact the receiving stream
causing low dissolved oxygen levels and stressing aquatic life.
A) The duration and gravity of the violation;
The violations occurred during the month of August 2015
3) The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water or air quality are expected. Surface waters were impaired by the discharge due to lower
dissolved oxygen levels and stress on aquatic fife. The best usage of the receiving stream was also likely to have been
compromised.
The cost of rectifying the damage;
The cost is unknown.
,--5) The amount of money saved by noncompliance;
An exact monetary figure is unknown.
,6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or intentional.
.o7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The subject facility has had the following nforcernent cases taken against it in the past 12 months (August 2015 to
August 2014).
1LV-2015-0178, case closed
2. I.V-2015-0176, case closed
8) The cost to the State, of the enforcement procedures.
The cost to the Mooresville Regional Office was $100.53
Regional Office Clerical Staff-- one hour $15.8E
Enforcement case preparation staff tithe — one hour $33.13
Regional Office Supervisor review -came hour $52.40
Total. $100,53