NC0028606_Enforcement_20170518

C
Water Resources
F"MiftKNIAL QUALM'
ROY PEA
MICHAEL S, REGAN
SeIrrelwy
, JAY ZIMMERMAN
fref or'
Jane 19, 2017
M. Jason Franklin Joyce
NC DOT Division 1
PO Box 2
North Wilkesboro, NC 2-25
1-771est area Iredell County
Permit NCO028606
Case No.1. V-2 17- 1
County lredell
Dear Mr. Joyce'
This letter is to acknowledge receipt of payment in the amount of S753.50 received from you on
091 /20I T This payment satisfies in full the above civil assessment levied against the subject facility,
and this case has been closed. Payment of this penalty in no way precludes future action by this Division isit n for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren The ford at 919-807-6397.
Sincerely,
Wren Thaedferr
Central Files
NPDES
Mooresville Regional ional f c
State of North Carolina f Environmeutal Quality I Water Rcsources
610 Fast Center Avenue, Suit 301, l4vi(wesvill , NC 28115
704-663-1699

Certified Mail #7015 1520 0002 6984 9225
Return Recut Reauested
Jason Joyce
NC DOT — Environmental Operations
PO Box 250
North Wilkesboro, NC 28659-0250
ISUBJECT,
naor XAr 10 ce•
May 18, 2017
Notice of Violation andAssessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. I(a)(6)
and NPDES WW Permit No, NCO028606
NC DOT Division 11
1-77 Rest Area Iredell, County
Case No, LV-2017-0154
Iredetl County
ro
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $753,50 ($652.50 civil penalty +
$ 101.00 enforcement costs) against NC DOT Division 11,
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by NC DOT Division 11 for the month of December 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO028606, The
violations, which occurred in December 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that, NC DOT Division I I violated the terms, conditions or
requirements of NPDES WW Permit No. NCO028,606 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. 1.43-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by GS. 143-215. I(a).
used. 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
Division 11
State of North Ca.Tolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$290.00 2 of the 2 violations of 143-215, 1 (a)(6) and Permit No,NCO028606, by discharging waste are into
the waters of the State in violation of the Permit Daily Maximum for TSS - one.
JL62, 5 0 of the I violations of 1 2 15 . I (a �(6) and Perm. it No. NCO 02 86 06, by discharging waste water
the waters of the State in violation of the Permit Monthly Average for TSS -Cone,.
$652.50 TOTAL CT"L PENALTY
$10I.00 Enforcement Costs
$L5 -3, �0 TOTAL AMOUNT DUE
Pursuant to G.S. 14'1-215.6A(c), in detennining 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 ha 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
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fortn), 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

Option : Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that,4..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 ofWater Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
l) whether one or more of the civil penalty assessment factors in NCGS 14 1 - 2. b) was wrongfully'
applied to the detriment of the petitioner;
2 whether the violator promptly abated continuing environmental damage resulting from the violation;
) 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
) whether payment ment of the civil penalty will 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 ManagementCommission'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 et."
Both fortes should be submitted to the following address;,
Wastewater branch
Division ofWater Resources
1617 Mail Service ("enter
Raleigh, North Carolina 99-161

Option 3: File a petition for an administrative hearine with the Office of Administrative Hearings:
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 00) 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 § 15013-23,2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You
should contact the Office of Administrativg-H.earin s frith all uefee and/or the details of the
filing_pLoces
'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 DE Q as follows:
Mr, William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-160 t
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 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 may be 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) 235-2 192 or via email at wes.bell@ncdenr,gov.
Sincerely,
'0
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
A:TTAC,RMF-N'I'S
Cc� WQS MooresvilleRegional Office - Enforcement File
nit
NPDunit- Compliance/Enforcement I - Enforcement File

JUSTIFICATION FOR REMISSION LQLE—S—T
Case Number: LV- 017- I County fredell
Assessed Party: NC DO,r Division 1
Permit No.: NCO028606 Amount assessed; _J753.50
Please use this form when requesting remission of this civil penalty. You must also complete the "'Request For Remiss ion,
Waiver of Right to an Administrative Hearing, and Stipulation ofFactor " 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
remis ion is not the proper procedure for contesting, whether the violations) occurred or the accuracy of any of the factual
staterrtents contained in the civil penalty assessment document. Pursuant to NC-G-Sa 14 - . l(c), remission of a cavil
penalty maybe granted only when one or more ofthe 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 E.G S. 14 13- 11(b) were wrongfully applied to the
detriment of the petitioner (the assessinentfactors are listed in the civilpenalty assessment document)
_.._.. (b) the violator promptly abated continuing environmental damage resultingfrom the violation (i.e,, explain the
steps that ,you took to correct the violation and preventfutureoccurrences) -
(c) the violation was inadvertent or a result of an accident (i.e., explain ivky, the violation was unavoidable or
something ya co uld not prevent or prepare r);
(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
how payment of the civil penahy will prevent oufr n; pe�°forming the activities necessary to achieve

P0
PATE T NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF IREDELL
IN THE, MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
F CIVIL PENALTIES AIN I ADMINISTRATIVE HEARING
STIPULATION OF FACTS
NC DOT Division 11
I-77 Rest Area Iredell County
PERMIT NO. NCO028606 CASE NO L V`- 017-015
Having been assessed civil penalties totaling j75_3JO for violation(s) set forth in the assessment document of the Division
of Water Resources dated Ma 1 , Ztl i 7, the undersigned, desiring to seek remission of the civil penalty, 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. t. 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 (30) clays 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 cT�s tl
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
NC DOT Division f
CASE NUMBER '-2 17-0154
PERMIT:
N O028 05
REGION:
Mooresville
FACILITY:
Im77 Rest
Area Ir dell County
COUNTY:
Ired ll
LIMIT VIOLATION(S)
SAMPLE LOCATION:
utfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
MonthNr
Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
1217/201 a
12-2016
Solids, Total
Weeldy
mgli
45
92 104.4
Daily
14 -0
Suspended-
Maximum
Concentration
Exceeded
1'2114t2t?15
12.2016
Solids, Taal
Weekly
mgll
45
78 73.3
Daily
$145.00
Suspended-
Maximum
Concentration
Exceeded
12/3112 16
12-2015
Solids„ Total
Weekly
mgA
30
51.50 72,0
Monthly
$362.60
Suspended-
Average
Concentration
Exceeded,

Water Resowres S. JAY ZIMMERMAN
Wt TQ"LffY
Certified ail #70151 20 0002 6984 9201
Kqwm BMW Hgaoftil
April -I, 217
Jason Joyce
NC DOT — Environmental Operations
PO Box 251
North Wilkesboro, NC 28659-0250
SUBJECT, NOTICE F VIOLATION & INTENTS L PENALTY
Tracking umber. OV-2017-LV-0244
Permit No. NCO028606
I-77 Rest Area Iredell County
Iredell County
Dear Mr. Joyce;
review of the December 2016 Discharge Monitoring Report 1 for the subject, facility revealed the
violation(s) indicated below:
MMft ExceedanceViolation
Sample Umit Reported
Location Parameter Irate Value Value Type of olation
Effluent lids, Total - 12/7/2016 45 92 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended _ 12/14/2c116 45 78 Daily Maximum Exceeded
Concentration
001 Effluent Solids, "total Suspended - 12/ 1/2016 30 51.6 Monthly, Average Exceeded
Concentration(C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute . , 14 -215.1 and the facility's NPDES PermitPursuant to G.S. 14 -2I5.6 , a civil Penalty of not
more than twenty-five thousand dollars 2 ,0 may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
14-21 .1
$tare of North Carolina I Environmental Quality l Water resources
filfl East Center Avenue, Suite 301, Mmiresville, NC 28115
704-66,3-16

If you have any questions concerning this matter or to apply for an SOC, please contact Wes MI of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina a nvironmental Quality� winorkesoirces
610 Vast Center Averale, Suite 301, Mooresville, NC 28115
704-663-1699

r
Factifty-
AL� V—II - 06 Pipe No.,: 0!!�) Montwear
Parameter fra 11 O-VaN6% Over Urnit Action
WeeklV;D lly y l tinn
Date Pa Permft arlt LI T DIAR Value r irri- Action
e � �1:` ,
a L
Data PararrieW PermkEreguyncy Values R000rted # of Violations Action
rll 11`Staff Remarlio. . *°° ,
" 9:
r
y
e ° .a � 1 �F'� � . to .
a
0 dr r -
` '
Completed A
l%nt Regional
Supervisor Slog W. Date.
--------------
R Tonal Sn rvis©r ign
�. � r%A—

Violator: NC 1)O`1 Division 11
Facility Name: I-77Rest Area Iretlell Coatut
Permit Number: NCO028606
` rat : Ire fell
Case Number- LV-2017-0154
ASSESSMENT FACTORS'
) 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;
) The duration and gravity of the violation,
w ,
) The effect on ground or surface water quantity or quality or on air quality;
F
ff
) The cost of rectifying the damage
.,.'I',V te a G .A�-.„
) The amount of money saver; by noncompliance;
6) Whether the violation was committed willfully or intentionally;
) The prior record of the violator in complying or failing to comply with programs over Which the
Environmental Management Commission has regulatory, tory, authority; and
Case : LV- 1 -0 1 S (daily and monthly) and BOD (daily and monthly) violations July 2 1 );
Cause ti: I..* '- 01 -0044 -.. Fecal Coliform (daily°) and TSS (daily) violations November 2013)
NON- 01 - .,i4' -00 - T (daily and monthly) and BOD (daily and monthly) violations, quarterly Total"Nitrogen and
Total Phosphorus monitoring violations (March 2014)A
it; V- 01 1,M-001 I - BOD violation (daily) and BOO and temperature monitoring violations (April 220 4)a
NOV- 0-LM-0010 fecal Colifiorni (daily) violation and Fecal Col form monitoring violation (November 2014);
NO - 01 LR-001l Late DMR Reporting (.November 2014)
Cause : I: V- 01 �0160 T (daily and monthly) and BOD (daily) violations (Nhty, 014)::
Case : LV- 01 -0167 -- „rss (daily and monthly) and BOD (daily and raaonth y) violations )June 2014)

Case #: 1,V-2015-0170,- TSS (daily), BOD (daily), and pli violations (July' 2014)-,
Case #: LV-2015-0176- T (daily and monthly) and BOO (daily and monthly) violations (August 2014),-
Case #: LV-2015-0178 --TSS (daily and monthly) and 1301) (daily and monthly) violations (September 2014):
Case #: LV-2016-0008 - BOD (daily and monthly) violations (August 2015).-
NOV-2015-1,V-0768 - Fecal Coliform (daily) violation (September 2015);
Case #: LV-2016-0091 -TSS (daily and monthly) violations (Decerriber 2015):
NOV-2016-LV-0307 - TSS (daily) violation (January 2016);
Case LV-2016-0205 - TSS (daily), BOO (daily and monthly), and Fecal Coliform (daily) violations (May 2016);
Case LM-2016-0027 - BOD (daily) violation and quarterly Total Nitrogen and Total kosphoms monitoring violations
(June 2016),
Case #.- LV-2016-0242 - BOD (daily and monthly) violations (July 2016),
NOV-2016-1,V-0650 - Fecal Coliform (daily) violation (August 20 16),
Case #: LV-2017-0053 - BOD (daily and monthly) violations (September 2016).
Case #: LV-2017-0087 - BOD (daily and monthlv), TSS (daily and monthly), and Fecal Coliforrn (daily) violations
(November 2016)
8) The cost to the State of the enforcement procedures.
Enforcement Cost"
1 hour staff time ....... 33.44
1 hour supervisor 52,56
Administrative staff cost.....,. ..... �500
Total Enforcement Cost $ 101.00
AIP
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ