NC0028606_Enforcement_20170201

Roy * Y.
1
somviwv
Vola cuiFtz
EtaOEAL QUAVVY Tamer"" Dirgetor
pnl 12, 2018
Travis + hrnsawn, Division Engineer Env Roadside
NC DOTDivision 11
PO lox 250
North Wilkesboro, NC 28 59-025
Subject: Payment Acknowledgement
Civil penally Assessment
1-77 hest Area Srdell County
County lredell
Permit NCO028606
Case No. L-2018-0 53
Dear Mr. Chnsaww
This letter is to acknowledge receipt of Check No. 3924085ur the amount of $1,903.29 received from you dated
3/29/2018 This payment satisfies in full the civil assessment levied against the subject facility and this ease has been
closed. Payment of this penalty in no array precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permus.
if"you have any questions, please call Wren Thedford at919-807-6397.
Sincerely
D I t—
Wren Thedfor
Administrative Assistant
Water Quality Permitting Section
e • Laserfiche># L-2018-0053 O
State of North Carolina I Environmental nmentsl lity I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-16}

P,OY COOPER
cmwnar
MICHAEL S. REGAN
'�-ermery
S. JAY ZIMMERMAN
ofilu'"r
Certified Mail #7015 1520 0002 6878 2417
Return, Receipt, Requested
February 1, 2017
Jason Joyce
NC DOT - Environmental Operations
PO Box 250
North Wilkesboro, NC 28659-0250
SUBJECT.- Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028606
NC DOT - Environmental Operations
1-77 Rest Area Iredell County
Case No. LV-2017-0053
Iredell County
Dear Mr. Joyce:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $41150 ($312.50 civil penalty +
$101 .00 enforcement costs) against NC DOT - Environmental Operations.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by NC DOT - Environmental Operations for the month of September 2016. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in PDES WV Permit No.
NCO028606. The violations, which occurred in September 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that NC DOT - Environmental Operations violated the terms,
conditions or requirements of NPDES WV Permit No, NCO028606 and G.S. 143-215. I(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6,k(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S S. 143-2151(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality,,, and the Director of the Division of Water Resources, 1, W. Corey Basinger,
,Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against NC DOT -
Environmental Operations, -
State ol'North Carolina I Enviromnental Quality I Water Resources
610 East Center Avenue, Suite, 301, Mooresville, NC 28H5
704-663-1699

$9.00 0 of the I violations of 143-215.1(a)(6) and Pen-nitNo,1`CO028606, by discharging Nvaste-waterint 14
into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
J112150 1 of the I violations of 143-215.I(a)(6) and Permit No,NCO028606, by discharging waste water into
the waters of the State in violation of the permit Monthly Average for ROD - Cone.
$312.50 TOTAL Ct"L PENALTY
SI.01.00 Enforcement Costs
J4L3150 TOTAL AMOUNT DUE
Pursuant to G.S. 143-2,15.6A(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, 1 (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) 'Ibe 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 rectify, ,in 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
Managernetit 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 thefallowing:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (ilo not include waiver
,fornt), 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 Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

FOption 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'nof-ilte 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 143B-.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 Nvill prevent payment for the remaining necessary remedial actions:
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 (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.
Remission p_Re pest."
Both forms should be, submitted to the follow address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7

Option 3: File a petition -for an administrative hearing with the Office of Administrative Hearings: 11
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 (tax) 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 -,even (7) business, days following the taxed or electronic transmission. You
should contact these of Administrafiye_H�earin bearings all uestions re ardirt the filing feq-and&)r the, details of the
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, DEQ as follows:
Mr. Sain M. Hkves, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 tbirty' (30) days of receipt of this letter, 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 maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at (704) 235-21,92 or via email at, wes.bellCa�ncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
AJ'TAC11MFNTS
Cc- WQS Mooresville Regional Office - Enforcement File
NPDES CompliancefFjiforeement Unit - Enforcement File

Case Number: LV-2017-0053
Assessed Party: NC DOT - Environmental Operations
Permit No.: CO0286 )
1 REMISSION REQUE
County: lreddll
Amount Assessed: $413-M
Please use this Iona when requesting remission of this civil penalty. You must also complete the "Request ForRernission,
Waiver of Right to are Administrative Hearing,andStipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the director to consider in
evaluating your request for remission. Please be aware that a request fear remission is limited to consideration ofthe five
factors listed, below as they may relate to the reasonableness of the amount o,f the civil penalty assessed. requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of'the factual
statements contained in the civil penalty assessment document. Pursuant to; , .G,S, § 1 3B-? .1(c), remission of civil
penalty maybe granted only when one or more of the tot lowing five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including, copies of supporting documents, as to why the
factor applies (attach additional pees as needed),
_m (a) one or more of the civil penalty assessment factors in N. '. i,S.'143B- 11 .l(b) were svTongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civil penal(assessment culnent
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steers that you took to correct the violation and preventfuture occ urrence.$),°
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
._ something you could not lyrevent or pre n7re ur )
fd the violator had not been assessed civil penalties for any previous violations
(e) payment of the civil penafty, will prevent payment for the remaining necessary remedial actions i.e., ewplairr
how 1,)a err ent f the civil penalq,, will preventyoufromperlbrming the activities necessary to achieve

FSTATE OF NORTH CAROLINA DEPARTMENT T F ENVIRONMENTAL UALIT "
COUNTYOF IRE DELI
IN THE MATTER OF ASSESSMENT AI d T Ali
F CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
NC ACTT - Environmental Operations
1-77 Rest Area Iredell County
PERMIT NO, NCO028606 CASE NO. L�V-2017-0053
Having been assessed civil penalties tousling $ 150 for violations) as set forth in the assessment document of the Envision
of Water Resources dated January° 1. 0 t , the undersigned, desiring to seek remission of the civil penalty,, does hereby
waive the right to an administrative gearing in the bone -stated matter and does stipulate to that the facts are as alleged in the
assessment doemnent, The undersigned further understands that all evidence presented in support of remission of this civil
penalty gust be submitted to the Director of the Division of Water Resources within thirty, ('30) days of receipt of the notice
of assessment. No new evidence in support of a_remission request will be allowed after (3 ) days from the receipt of the
notice of assessment'„
This the day of fi
SIGNATURE
ADDRESS

NC , a •
CASE NUMBER: L\1�2017-0053
REGION:
Moore vllle
PERMIT:
NCO028606
FA1 1 a
1- T' Rest Area Ire ell County
COUNTY:
Iredell
LIMIT VIOLATION(S)
SAMPLE LOCATION: CO_atfall 001 -Effluent
iolation
Pe rt
Unit of
Limit
al lated % over
Limit
Violation
Type
Penalty
Amount
Bata
MorithNr Parameter Frequency
Measure
Value
Value
9/21 2 1
f i, aye { l} deg. Weekly ly
m
4
�4 0.
Rally Ma imam
fit. OO
- Concentration
Exceeded
9J 9t201
9-2t11 5-Day ay (20 leg. Weekly
m /l
0
36. 21
ter
+ 12. 0
- Cora ntratio
averraa ge
Fxeedecl

r
Facility- it No:
ffonthly Aveci MoIAIi n
r or ire ii 1Ct�%t
a
Action
ff
it T " 1
Dais Eqnnit Limit A(A
% Over Limit jon
t; a C
Date Parameter PqrmkEMqgqPqVain p d
I of Motafions Acton
Other i ti ri tSt tf z
s �'` 1 � s�
#"� i»� d� "' � ypµ�- �' 4w+.. ^ N..^' d` .T " ° •' P'4 I'uMiV�B. U' N A � "" Xi#�+ 4�� T
v=»p^ K A'.
t w 0."".^* V"w- # $� :. �f .:.. ;A i y,
&Y"w° d t,( a� * i � w L�l �°s � � � a I 6. i"
���BggqJTi" q) # w.`� k U u� W'" Ea Y? yM✓. g� 9,r4"�t. # {( k'� ,� a:. "*-° j4„y�� $#y
8 - J c-,a i* 'oo f h ¢we'�,} 1,4' V;^{ i r C. C a d '�' , w E `AE i" �d F. i.Y""
00.191
r 4' > .tn
Supervisor Remarks
Completed bT.
Date*
Assistant Regional
Supervisor Si «note:
-----------------
r
Regional Su ervi rSiSri x _ d i
ti

DIVISION OF WATER RESOURCES - CBIffi PENALTY ASSESSMENT
Violator: NC DOT - Environmental, Operations
Facility Name: 1-77 Rest Area Iredell Cqgn_q
Permit Number: NCO028606
County: Iredell
Case Number: LV-2017-0053
ASSESSMENT FACTORS
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;
/car
tz
/7
2) The duration and gravity of the violation;
_z, PI-C-1
/aA
3) The effect on ground or surface water quantity or quality or on air quality;
ry
AIF
4) The cost of rectifying the damage;
V
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
Case #. LV-2013-0227 - TSS (daily and monthly) and BOD (daily and monthly) violations (July 2013);
Case #: LV-2014-0044 - Fecal Coliform (daily) and TSS (daily) violations (November 2013);
NOV-2014-LM-0022 - TSS (daily and monthly) and BOD (daily and monthly) violations, quarterly Total Nitrogen and
Total Phosphorus monitoring violations (March 2014);
NOV-2015-LM-001 I - BOD violation (daily) and BOD and temperature monitoring violations (April 2014);
NOV-2015-LM-0010 - Fecal Coliform (daily) violation and Fecal Coliform monitoring violation (November 2014);
NOV-2015-LR-001 I - Late DMR Reporting (November 2014);
Case #: LV-2015-060 - TSS (daily and monthly) and BOD (daily) violations (May 2014);
Case #: LV-2015-0167 - TSS (daily and monthly) and BOD (daily and monthly) violations (June 2014);
Case #: LV-2015-0170 - -rss (daily), BOD (daily), and pH violations (July 2014);
Case #: LV-2015-0176 - TSS (daily and monthly) and BOD (daily and monthly) violations (August 2014)-,
Case LV-2015-0178 - TSS (daily and monthly) and BOD (daily and monthly) violations (September 2014);
Case LV-2016-0008 - BOD (daily and monthly) violations (August 2015);
NOV-2015-LV-0768 - Fecal Coliform (daily) violation (September 2015);
Case #: LV-2016-0091 - TSS (daily and monthly) violations (December 2015);
NOV-2016-LV-0307 -TSS (daily) violation (January 2016),
Case #:,LV-2016-0205 - TSS (daily), BOD (daily and monthly), and Fecal Coliform (daily) violations (May 2016);

Case #: LM-2016-0027 — BOD (daily) violation and quarterly Total Nitrogen and Total Phosphorus monitoring violations
(June 2016);
Case #: LV-2016-0242 — BOD (daily and monthly) violations (July 2016);
NOV-2016-LV-0650 — Fecal Coliform (daily) violation (August 2016).
8) The cost to the State of the enforcement procedures.
Enforcement Cost-
1 hour staff time 33.44
1 hour supervisor time ... — ............. ...... —$ 52.56
Administrative staff .... -----LL5.00
Total Enforcement Cost $ 101-00
ot L4-�
Z'—
Date W. Corey Bashaer, Regional Suyervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ