NC0028606_Enforcement_20170731

OCOOPER
Y
`MICHAEL S. REGAN
a
water ResourcesS. JAY ZIMMERMAN
INS EL QUALM
e,
e.... S "'e•'_;.. ran +"-
August 25, 2017
Mr, Jason Franklin Joyce
NC DOT Division 1
PO Box
North Wilkesboro, NC28659-0250
Subject: Payment Acknowledgement
1-77 Rest Area Ircdcll County
Pennit NCB
Case No. LV-2017-0242
Iroddoll County
Dear Mr. .loco;
This letter is to acknowledge receipt of payment in the amount of 1,00'received from you on
08/251 01 . This payment satisfies in full the above civil assessment is levied against the subject facility,
d this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you haveanyquestions, please contact Wren Thedford at 1-7-7:
Sincerely,
J� Oki
Wren Thedford
cc: Central Piles
Pf;P
Mooresville Regional Office

[, ° COOPER
MICHAEL S. PLEGAN
S. JAY ZIMMUMAN1
W WAUTY`
'Return eceittt R U t
July 31, 201
Jason Joyce
NC DOT — Environmental Operations
ns
PO Sox 25{}
NorthWilkesboro, NC 2 5- 25tI
SUBJECT: Notice of Violation and assessment of Civil penalty
for Violations of North Carolina General Statute (G. .) 1 - 15,1 g
and IBIS W permit No. NCO028606
NC DOT Division I 1
1.-77hest area Iredell County
Case No. ITV-2017-02 2
hed ll County
Dear 1 Mr. Joyce:
This letter transmits, a Notice of Violation and assessment of civil penalty in the amount of $551.00 ($450-00 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
DM .) submitted by NC DOT Division l 1 for the month of March 2012. This review has shown the subject facility to be
in violation of the discharge limitationsand/or monitoring requirements found in NPDES WW Permit No. lslCtl02 60 . The
violations, which occurred in March 20I2, are summarized in Attachment A to this letter.
Based upon the above facts, Iconclude as a matter of law that SIC DOT Division I I violated the terms, conditions or
c
y
requirements of IDS WW permit No. NCO20and G.S. 1 -215.I(a)() in the, manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 14 -2I5.h to 2) a civil penalty may, be assessed
against any person who violates the terms, conditions car requirements of a e it required by .. 1-I5.1t)-
Based upon the above findings of fact and conclusions of law, and its accordance with authority provided
Corey Basinger,
of the Department of Environmental Quality and the Director of the Division of Water resources, 1,
W.Regional Supervisor, Mooresville regional Office hereby make the following civil penalty assessment against NC D
OT
Division 1 I n
S' a o£'Nortlt Carolina i Environmental Quality I water Resources
610 F�ast Center Avenue, suite 301, Mooresville, NC 28115
704-663-1699

I
I150.00 I of the I violations of 143-2 IS. I (a)(6) andPennit No NCO028606, by discharging to water into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$300..0tl of the 2 violations of 143-215.1(a)(6) and Permit No.NCO028606, by discharging waste for into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
1450-00 TOTAL CINTL PENALTY
Jj0l,.00 Enforcement Costs
$L_5 1.00 TOTAL AMOUNT DUE
Pursuant to G.. 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-282.1(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) The duration and gravity of the violation;
(3) The effect on ground orsurface water quantity or quality or on air quality;
(4) Die cost of rectifying the damage;
t5) 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 -v'vhich 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 awritten 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
form). 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

rrepr Option 2: Submit a written request for remission or`mitigation including a detailed justification for such
u es t:
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.
In order to request remissipAyogug
-mqsgtsco=ilete and submit
Waiver of Ri form within thirty (30) d----of recei t of this
notice, The Division of Water Resources also reqMes�that ou corn 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

Ontion 3: File a netitian for an administrative hearine- with the Office of Administrative Hearines:
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. William F, Lane, 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 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,
ff you have any questions, Please contact Wes Bell With the Division of WaterRiesources staff e Rjegioha
Office at (704) 235-219:2 or via entail at we�.bell@iit�d6&.gov,
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCITEQ
ATTACHMENTS
Cc; WQS Mooresville Regional Office - Enforcement File
NPDE S Compliance/Enforcement Unit - Enforcement File

EMISSION, REQ-UIEST
Cast Number: L - 017-t1 4 County.- fredell
Assessed Party: NC DOT Division I l
Permit No.: N 60 wont � I.pi
Please use this form when requesting remission of this civil penalty. you must also complete the "Request For Rerrrission,
Waiver of Right to an Administrative Hearing, and Stipulation of acts' form o request remission of this civil penalty..
You should attach any documents that you believe support your request and are the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited
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 paper 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. .G.S. § 1 - .l(c), remission of a civil
penalty may be 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.0 .S, l d P . .1(b) were wrongfully applied to the
detriment of the petitioner (the as essme t tractors are listed in the civil penalty 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 andpri ent fart e occr r Aes),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something.you could not prevent or prep e, or);
(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 civilpenaltv will prevent you front performing the activities necessary to achieve
compliance).
L LANAT O

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT WNIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
NC DOT Division 11
1-77 Rest Area Iredell County
PERMIT NO, NCO028606 CASE NO. LV-2017-0242
Having been assessed civil penalties totaling $55-1,,.00 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated jgly 31 2017, 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. 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) days of receipt of the notice
ofassess ment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of 20
SIGNATURE

i
NC r•
CASE NUMBER: It 1
PERMIT:
NCO028606 `
REGION:
Mooresville
FACILITY:
1-77 Rest
Area Iredell County
COUNTY:
Iredell
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Bffluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
oath/ r
Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
1 017
3- 017
BOD, 5-[Jay (0 Deg.
Weekly
mglf
45
65.50 45.6
Daily
$150D0
- Concentration
Maximum-
Exceeded
11 / 017
3- 017
Coliform, Fecal MF,
Weekly
#1100ml
400
500 25D
Gaily
$150D0
MFC Broth, 44.5 C
Maximum
Exceeded
3/15/ 017
3-2017
Coliform, Fecal MF
Weekly
#/100MI
400
60 %0
Daily
$,150.00
MFC Broth, 44.5 C
Maximum
Exceeded

a R,
«W 03001
964fteh R R ' R:
July 11, 217
Jason Joyce
NC Department of Transportation
PO Box25
North Wilkesboro, NC 28659-0250
SUBJECT: NOTICE F VIOLATION & INTENTTPENALTY
Tracking Number. NOV-2017-LV-0488
ll
Y COOPER,
04wow
8 HAEL S. REGAN
S. JAY ZIMMERMAN
rr-11111L NO.INO-We-ob _
I-77 Rest Area Iredell County
Iredell County
Dear Mr. oed
review of the March 217 Discharge MonitoringReport R) for the subject facility revealed the violation(s)
indicated below:
Limitft1 " In
Sample Limit Iteported
Location Parameter Date Value Value Type of Violation
01 Effluent
Coiiforrn, Fecal ME, MFC Broth, 3/1/217 400 500 pally Maximum Exceeded
.5 31 1 )
1 Effluent Coliform, Fecal MF, MFC Broth, 3/15/2017 400 _0 Daily Maximum Exceeded
.5 3151)
1 Effluent BOD, ®Day 20 Deg. ) - 3/22/2 17 45 E5.5 Daily Maximum Exceeded
Concentration ( 31
Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute C..) 143-215.1 and the facility's NP,DES M Permit. Pursuant to G.S. 143-215.6A, a civil penalty o
not more thantwenty-five thousand dollars 2,0.) may be assessed against any person who violates or
falls to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to C.S.
13-215.1ar
State of North Carolina j Environmental Quality I Water Resources
610 Est Center Nvenue, Suite 301, Mooresville, NC 28115
704-663-1699

.......... .......... AILL
If you have any questions concerning this matter or to apply for an SOC, please contact Weell 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
• #XCIIAL611111=
State of Nordi Carolina I Environmental Quality I Water Resources
610 Rest Center Avenue, Suire 301, Moorewilic, NC 28115
704-663-1609

C l
Facility.. ��� �� Pips ear: ''
M, nth
Para r tsr Fa it gir t Qi alu % Oi r Urnit ton
' as i 1palbt Violations
t Para t t r Parent i� mIt L[rait `� a DMR Valus %a Over Ura Action
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lAt, '.
=x �`° .
r�itrincr r uarr �iat�arr.
Date Ra—ra—MlaterPare Pr c rr lugs Reported # of Violations Aqua
------------
other Violoadon
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7Z
Assistant Regional
supervisor sign Off. DOW
7 r-.)re--4
`Regional Supervisr`ig`

DIVISION OF WATER RESOURCE
Violator: NC DOT Division 11
Facility Name: 1-77 Rest Area Iredell CqRnty
Permit Number: NCO028606
County: Iredell
Case Number: LV-2017-0242
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;
2) The duration and gravity of the violation;
dart.
3) The effect on ground or surface water quantity or quality or on air quality;
17
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
4°�! 4- 6C IldtK"'�7 e-k'- e'I--AII4;CZ1 -
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 Bill (daily and monthly) violations, quarterly Total Nitrogen and
Total Phosphorus monitoring violations (March 2014);
NOV-2015-LM-0011 — BOO 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-00 I I — Late DMR Deporting (Novem her 2014);
Case LV-2015-0160 — TSS (daily and monthly) and BOO (daily) violations (May 2014);
Case LV-2015-0167 -- TSS (daily and monthly) and BOD (daily and monthly) violations (June 2014);

Case #: LV-2015-0170 — TSS (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 4: LV-2016-0008 — BOD (daily and monthly) violations (August 2015);
NOV-2015-LV-0768 — Fecal Coliforrn (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);
Cast #: LV-2017-0053 — BOD (daily and monthly) violations (September 2016);
Case #: LV-2017-0087 — BOD (daily and monthly), TSS (daily and monthly), and Fecal Coliforrn (daily) violations
(November 2016);
Case #: LV-2017-0154 — TSS (daily and monthly) violations (December 2016);
Case #: LV-2017-0165 — TSS (daily and monthly) and Fecal Coliform (daily) violations (January 2017).
9) 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 cost ......... La. 00
Total Enforcement Cost $ 101.00
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ