NC0028711_Enforcement_20150915

Pat McCrory Donald van der Vaatt
Governor Secretary
September 15, 2015
Mr. Mark Jones, Director of Maintenance
Mecklenburg County Schools
3301 Stafford Drive
Charlotte, North Carolina 28208
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. l(#6) and NPDES Permit No. NCO02871 I
Berryhill Elementary School W%7TP
Mecklenburg County
Case No. LV-2015-0196
Dear Mr. Jones.
'nus letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$39697 ($250 civil penalty + $146.97 enforcement costs) against theMecklenburg County Schools.
This assessment is based upon the following facts:A review has been conducted of the self -
monitoring data reported for December 2014. This review has shown the subject facility to be in
violation of the discharge, limitations found in NPDES Permit No. NCO02871 1. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Mecklenburg County
Schools violated the terms, conditions, or requirements of NPDES Permit No. NCO028711 and North
Carolina General Statute (G.S.,) 143-215 . Dal; in the manner and extent sho-%Nm in Attachment A. A
civil penalt7y, may be assessed in accordance with the maximums established by G.S. 143-
215 6A(a)(2).
Based upon the above findings of lact 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 the Mecklenburg County Schools:
WoresVffle Regional Office
Locatson: 610 East Genter Ave,, Smite 301 MooresvMe, NC 28115
Phone: (704l 663-1699 k Fax' [phone] k Customer Service: 1-877 62 1-6748
tnternet: http:!/portal,ncilenf,erg lweblwq
Al Fqua"' Ackw Empinyer- K% Recyced!10% Post con�ivrerpa'�W

1
$ 0.00 For I of the one (1) violation of G. S . 143 -2 15.1 (a)(6) and
Nlip ­Slie rmit No. NCO02871 1, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent I imit for total suspended solids.
$ 250.00 For I of the one (1) violation of G.S. 1,43-215.I(a)(6) and
NPDES Permit No. No. NCO02871 1, by discharging waste, into
the waters of the State in violation of the permit monthly average
effluent limit for total suspended solids.
250.00 TOTAL CIVIL 'TT`Y
146.9,7 Enforcement costs
396.97 TOTAL AMOUNT DUE
Pursuant to G.S. 143-21.5.6A,(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 hann to the natural resources of the State, to the public health, 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) Whether the violations Nvere committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with prograrns, 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 follo,,Ning:

Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do nol include waiverfor* Payment of the penalty will not foreclose fitirther
enforcement action for any continuing or new violatioms),
Please submit payment to the attention of.
Wastewater Branch
Division of Water Resources
1617 Mail Senrice Center
Raleigh, North Carolina 27699-1617
OR
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
accompanied by a waiver of your right 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 penafty 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
r� �z 41B282
whether one or more of the civil Penalty assessmV- -ent tv, z ; A I 1-lCk) were
wrongfully applied to the detriment or me petitioner; (2) whether the, violator promptly abated continuing envI tomen4a1 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 violationsl 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 Arriting. 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 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 remission, you must complete and submit the enclosed "Waiver of Right to
an Adininistrative Hearing and Stipulation of Facts" form, 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 Sen,,ice Center
Raleigh, North Carolina 27699-1617
3. File a petition for an administrative hearing 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 (30) days of receipt of this notice. A petition is considered filed when it is received in
the Office off inistrative 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 Administrative Hearings with all questions regarding the filing fee and/or the details of the
Ming process. The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Adunistrative Hearings
6714 Mail, Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DIC 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) day ys 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 period of this assessment. if you have an, questions about this civil enalty assessment please
contact staff in the Mooresville Regional Office at 7 6634699.
M dateMichael i . Parker, Regional Supervisor
'dater Quality Regional Operations etion
Division of Water Res urces, NCDE R
ATTACHMENTS
cc: Mooresville Regional ional ff ce Compliance File °' attachments
.life Compli ee/Fnt'nree ent File w attachments
Ventral Files rv,attachments

ATTACHMENT A,
SSE NO. LV-2015-01,96
Outull gate Parameter Rgftqrt c ' ►i Permit _Linfit
001 12/10/2014 TSS, 46 m /I 45 mg/I (Daily Maximum)
001 12/31/2014 TSS 38.33mgfl. * 30 mg/I (Monthly Average)
e
Denotes civil penalty assessment,
the Mecklenburg County Schools did not provide a response to NOV-21 I-LV-0099.
Comments written in the December 2014 DMR received on February 3, 2015 Nvere
reviewed by DvNIR staff. Mitigating factors were not found to result in a reduced civil
penalty amount,

STATE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENT
AND NATURAL RESOURCES
COtJNTY OF IvJECKLE'NBURG
IN THE MATTER OF ASSESSMENT WAIVER OF RIGITr TO AN
OF CIVIL PENAL'rY AGAINST ADMMSTRATIFF HEARING AND
MECLENBURG COLNTY SCHOOLS STIPULATION OF FACTS
PERMIT NUMBER NCO0287 Il
FILE NO. LV-2015-0196
Having been assessed civil penalties totaling $L9-6.97 for violation(s) as set forth in the
assessment doc,-unjent of the Division of Water Resources dated ANI-a-r-e-h-S 2015 , the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated ni
, titter 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 assessmentA 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 ..—.—,2015

JUSTIFICATION FOR REMISHQLRLQLM
DWR Case Number: LV-2015-0196
Assessed Party: Mecklenburg County Schools
County: Mecklenburg
Permit Number: NCO028711
Amount Assessed: $' )96.97
Please use this fonn when requesting remission of this civil penalty.. You must also complete the
inistrative Hearing and eta ulation o 'Facts
forrn 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.
Pursumit to N.C.G.S. § 14313-2811 (c), remission of a civil, penalty may be granted only when one or
more of the followingfive 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 civil penalty assessment factors in N.C.G.S. 14313-282,1 Cjb were
—
wroufuliv annfied to the detriment of the petitio anet (the sme sessnt,fiactors are listed
in the civil penav assessment document);
(b) the violator ro tl abated coritinuin ervio erital dahaae restaftiat from the
violation (i, e., explain the steps that you took to correct the violation came prevent
_future occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain wity, the violation
ivas unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed
(e) Payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., erplain howpayment of the civilpenaI4, � will prevent you,fi-omper fortning
the activities necessary to achieve compliance),
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: Mecklenburg County Schools
Facility: BerUhill Elementary WWTP
County: Mecklenburg
Case Number: LV-2015-0196
Permit Number: NCO028711
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;
No ha nn has been documented;
2) The duration and gravity of the violation;
The TSS daily maximum effluent limit violation exceeded the pennit limit by 2.2%. The TSS monthly
average permit limits was exceeded by 27.8%, during the month of December 2014.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving strewn is unknown. Increased suspended solids (turbidity) increase the
water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also
reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen
production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills,
lowering their resistance to disease, and smothering, their eggs.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or, intentionally;
The Division of Water Resources has no evidence that the violations were 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;
There have been 2 previous CPAs for the Beryhill Elementary WWTP. The last CPA was issued on
August 10, 2007 for TSS violations that occurred in February 2007.

8 The cast to the State of the enforcement procedures.
The cast to the Division of Water resources is $146,97.
PN MI--- t�X--
ate ichael L. Parker, -Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR