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HomeMy WebLinkAboutNC0028711_Enforcement_20160802PAT WCRORY DONALD R. VAN DER VAART secrolwy WaterRmumes 6NVIROWMItAt. QUAUTY S, JAY ZIMMERMAN Diredor August 4, 2016 George M Jones Mecklenburg County Schools 3301 Stafford Drive Charlotte, NC 28208 Subject; REMITTANCE OF NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: LM-2016-0016 Permit No. NCO028711 Berryhill Elementary School WWP Mecklenburg County Dear Mr. Jones: A Notice of Violation and Assessment of Civil Penalty, Case No. LM-2016-0016, was inadvertently sent to you dated August 2, 2016. As noted in a letter sent to you from this Office, on March 1, 2016, no further actions will be taken for the Notice of Violation (NOV-2016-LM-0013) issued on February 10, 2016. The subject civil penalty (LM-2016-0016) is remitted with no further actions. We would like to apology for any inconvenience this error may have caused and thank you for your continued cooperation with the Division of Water Resources. Should you have any questions regarding the decision by this Office in regards to this matter please contact Roberto Scheller or myself at (704) 663-1699. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NODEQ cc* Wastewater, Branch MSC 1617 — Central Files File State of Nte* Camhm I Envirrounental Quality I Water ittivm � Water QWity Re'oonal openttions Mooresville Regional Officel 610 FAA Copter Mmm. Suift 3011.M oamyMa, North Carolina 28113 7046631699 P WA.A a Q I& Cet-tified Mail # 7015 1520 0002 8386 7670 Return Receipt Requested August 2, 2016 George M Jones Charlotte Mecklenburg Board of Education 3301 Staffor'd Drive Charlotte, NC 28208 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215a I(a)(6) and NPDES WW Permit No. NCO028711 Charlotte Mecklenburg Board of Education Berryltill Elementary School WWTP Case No. LM-20 t 6-0016 Mecklenburg County Dear Mr. Jones: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $750.53 ($650.00 civil penalty + $100,53 enforcement costs) against Charlotte Mecklenburg Board of Education, This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Charlotte Mecklenburg Board ofEducation for the month of October 2015. This review has shoe the suhject facility to be in violation of the discharge limitations and/or monitoring requirements found in NIDES NVW Permit No. NCO02871 1, Tire. violations, -which occurred in October 2015, are summarized in Attachment A to this letter, Based upon the above facts, I conclude as a matter of law that Charlotte Mecklenburg Board of Education violated the terms, conditions or requirements of NPDES WW Permit No. NC0028711 and G& 143-215. Ida) ) in the manner and extent shown in Attachment A,,. In accordance with the maximums established by G.& 143-215.6A(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 .1(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 mid 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 Charlotte Mecklenburg Board of Education: State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 I of the I violations of 143-215,1(a)() and Permit No.NCO02871 1, by discharging waste water into the Nvaters of the State in violation of the Permit Monthly Average for FLOW. 0.00 for 4 of the 4 failures to property monitor DO in violation of permit No. NCO02871 I. $(),jQQQ TOTAL CIVIL PENALTY $1 _j)QAI Enforcement Costs $,-Lti 0,45 3 TOTAL AMOUNT DUE pursuant to G.S. 14,3-215,6A(c), in determining the arnount of the penalty I have fia-ken into account the Findings of Fact and Conclusions of Law and the factors set forth at GS. 143B-282,1(b), which are: (1) The degree and extent of harin 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 eff ct on ground or surface Nvater quantity or quality or on air quality,-, (4) The cost of rectifying the damage,; (5) The amount of money saved by noncompliance, '(6) Nkliether 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 vvritten request for remission, OR (3) Sulu it a written request for an administrative hearing Option 1: Submit payment of the penalty: Pa Y1 near should be made directly to the order of the Department oai f Environmental Quality (do not include wver fiorm). Payment of the penalty will not foreclose further enforcement action for any continuing or new, violation(s). Please submit pa- yment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-16 t 7 Foption 2: request: Submit a written request for remission or mitigation including a detailed justification for such 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 violationts) 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 to rernissiourequest will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-2811 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 to result, of an accident; (4) whether the violator had been assessed civil penaltiesfior any previous violations; or (5) whether pay, mentof the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evridence presented in support of your request for remission must be submitted to writing The Director of the Division of Water Resources will review your evidence and infcarrn 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 Penally Remissions (Conirnitteel. Please be advised that the Committee,cannot consider infortnation, 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. !Istien sedRe Li�grrqdet�mtsubLn 10 f07 f 0110ae In order t request renn ssI0II,-)LQ�I-ff) is Wa K�ght t1l anAd nidsjti'�c hearin and Sri ula iver of it �'ou4� on_gf K41gr I UecLutces also I e nest that notice, The Divi �—M—IsM ReMLs,siortReqgest," Both fornts should be submitted to the follovring addressy Wastewater Branch Division of` a'ate Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Mee of Administrative IlEggIngs. Iq 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 forni 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 maybe 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 5OB-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 lea Ltugswith alb qqgstiom; re ar iog1hefilin feeaud/ortheAqla it of the film ccscs: 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: (919) 431-3000 Fax.- (919)431-3100 One (1) copy of the pentionmust also be sere,-ed on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 please indicate the case munber (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 Attu rney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties maybe assessed fcir violations that occur after the review period of this assessment, If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville Regional Office at (252) 946-6481 or via email at roberto-scheller@ �ncdenr.gov. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ A71TACEN[ENTS Cc: WQS Mooresville Regional Of - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File ATTACHMENT Charlotte MecklenburgBoard of Education, CASE ; L - 1 -001 PERMIT: NCO028711 REGION: Mooresville FACILITY: rry ill Elementary School VVVVTP burg LIMIT I L "Tl SAMPLELOCATION: Ou fall 001 -Effluent ' lailcn part Unit f Limit Calculated % over 'Violation Date nnth/Yr parameter Frequency Measure Value Value Limit Type 1616112t115 0--2015 low, to c—on nduit or thru Weekly rracf 11.01 0,00 22.5 Mionthiy treatment plant; Average Exceeded -MONITORING' L TI SAMPLE LOCATION: utfall 001 -.Effluent Unit of Limit Calculated %Over Violation penalty ViolationDeport Date nthfYr Parameter Frequency measure Value Value LimitType ,mount Kilo/2015 10-2015 Oxygen, Dissolved Weekly M911 Frequency 15ti.oC "Vialation C 1011712015 1 C- C15 Oxygen, Dissolved Weekly mgti Frequency $100.00 Vilaticn (D -�-�---- 11 r d#2t&'15 1tlrv2t715 Oxygen, Dissolved Weekly ly n�tgtl quenc. Frequency 1Cg.tlt Violation (DO) _..- 1t11 1/22C15 10-2015 Oxygen, Dissolved Weekly rngA Frequency 1 ilr� 00 Violation (DO)) JUSTIFICATION FOR p Case Number: LW2016-0016County- Mecklenburg Assessed Party: charlotte Mecklenburg hoard of Education PermitNo.: 1 { O028ll l Amount sses ed: $750.53 Please use this fcrrrn when requesting remission of this civil penalty. You must also COTTI l to the "Request FO, r Remission, lf`aiver of Right to an Administrative Hearing andStipulation of Facts" fora to request remission n of this civil penalty. You should attach y documents that you believe support your request and are raecessx y for the Director consider in evaluating {cur request for rernission. Please be aware that a request for remiss ion is limited to consider tin 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) ucc ed or the accuracy of any of tire factual statements contained in the civil penalty assessment document. Pursuant to 1 . . i.` , § Ill ® .1(c), remission of cavil 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 docurnents 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, 14 1 - :1(la)-t ere wro fully applied to the detriment of the petitioner (tire ass ssinent aactors are listed in the civilpenalty assessment docunzen) w_..... (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that_ you took to correct the violation and preventfidlure occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain rvkv the violation was r nov'oidaable or something you could not prevent or prepare for),- (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 paayment ofile civil penalty willprevent youftom performirr the activities necessa?y to achieve compliance). EXPLANATION: F STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MECKLENBURG IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PFNAITIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Charlotte Mecklenburg Board of Education Berryltill Elementary School WWTP PERMIT NO. 1 028711 CASE NO. LM-2016-0016 Having been assessed civil penalties totaling S150.53 for violations as set forth in the assessment document of the Division of Water Resources dated Au ust 2,2016, 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 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 ADDRESS TELEPHONE 'PAT MCCRORY Governor DONALD Ic- Secretary B. VAN DER VAART WaterResourcesENVIRONMENTAL QUALITY .JAY ZIMMERMAN Director StaffordJeff Mitchell ; Charlotte,, NC 28208 Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LM-001 Permit No. NCO 28711 Berryhill Elementary School WWTP Mecklenburg County Dear Mr. Mitchell: The Mooresville Regional Office staff have further reviewed the 'Notice of Violation and Notice of Intent to Assess Civil Penalty, Tracking No. NOS'-2016-LM- 013, dated February 10, 2016. Based capon review of permit violations and your written response, dated February 19, 2016, this Office will not pursue additional enforcement actions against Berryhill Elementary School W TP (Charlotte Mecklenburg Schools) for permit monitoring violation noted on the October 2015 Discharge Monitoring Report ( +IR). Please be advised that should noncompliance continue;enforcement action, including the assessment of civil penalties, could be taken by the Division of Water Resources in accordance with G.S. 1-215,6A(a)(2) Thank you for your continued cooperation with the Division of Water Resources. Should you have any questions regarding the decision by this Office in regards to this matter please contact Roberto Scheller or myself at (70 ) 663-169 Sincerely, W. Corey Basinger, Regional Supervisor "water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Wastewater Branch MSC 1617 — Central Files File State of North Carohna ! Envifeemental Qualit € Water Resources ; Water Quality Regional Operations MortesvilleRegional t_' �6i0East Center Avenue,Suite 301{Moores,4lie,North Carolina?91l5 lr,,:3 4AI 9 F.LMCj ... In response to the Notice of Violation & Intent to Assess 001 Penalty (Tracking # NOV- 2016-LM- 0013) for Berryhill Elementary School WWTP (NCO028711), it was noted that Dissolved Oxygen was not reported during the month of October 2015 and it appeared the WWTP discharged in excess of the permitted limit. After speaking with the ORC and reviewing the bench sheet it was observed that Dissolved Oxygen information had been collected but was not transcribed to the DMR, In regards to the excessive amount of water being discharged from the WWTP, I was not aware of the excessive flow to WWTP until the Thanksgiving Holiday when I was performing backup ORC duties. It should be noted that the discharge during October and most of November flow was continuous due to damaged toilets and urinals. Upon my discovery of the excess flow, I walked the school and cutoff water to the damaged toilets and urinals and put in a work order with our plumbing department. The number of days that was used to calculate the flow was lower than the number of days that we had flow which caused the average discharge to be in excess of our permitted limit. After reviewing our flow charts for the month of October, I have averaged the flow that occurred over the weekends and added this information to the DMR, The result of adding additional days has reduced our discharge amount below our permitted limited. I am providing an amended D1\ days that flow occurred at the WWTP. the bench sheet for October 2015 that the flow charts for October that show have drastically reduced the amount o DM R and copy has also been sent to C It is my opinion that a true vio understanding of how the discharge fc: the Dissolved Oxygen measurements c 4� Intent to Assess Civil Penalty be rescin Respectfully, VW tv�� Jeff Mitchell Charlotte -Mecklenburg Schools EH & S Specialist jt,f f 12, nc, U S (980) 215-3291 Attachments: Flow Charts, Bench Sh NOV Response Letter (NOV-2016-U f 1, Facility Status: (Tlease check one of the followings) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Isi Compliant ]I monitoring data and sampling frequencies do NOT meet pert -nit requirements 1:1 Noncompliant The per mittee shallreport to the Director or the appropriate Regional Office tiny noncompliance that potentially threatens public health or the environment, Any information shall be provided orally within 24 hours front the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of time time the perm ittee becomes aware of the circumstances, If the facility, is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part ILEA of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information,, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete, I ant aware. that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Jeff Mitchell Pennittee (Please print or type) 4Sig4natureAof P4mn!ree"I Date (Required unless submitted electronically) 3301 Stafford Drive, Charlotte kl2,nc.us June 30, 2020 perm ittee Address Phone Number e-tnaril address Pernift E.xpiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratoqv (2) Certification No. Certified Laboratoty (3) —Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) -Certification No. PARAMETER CODES Parameter Code assistance may be obtained by callingthe NPDES Unit at (919) 807-6300 or by visiting M ht,t,p:�'/port,al,ncdenr,or&'Nveb('wq/swl)/ps/npdes/appl-'omis. Use only units of measurement designated in the reporting Facility's NPDES permit for reporting data. No Flow/Discharge From SiM Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period, ORC.OnSite?m ORC must visit facility and document visitation of facility, as required per 15A NCAC 8G,0204, Signature of Permittee: If signed by other than the per mittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(1)), M zmzmmm�� EFFLUENT NPPE S PERMITNO. Ti DISCHARGE NO. 001 MONTH_ a -t—ober YEAR 2LI1 FAciu,rY NAME -qr i- I WWTP CLASS- 2 C0lJ\llTY—,-M-e&k--fen-b-um CERTIFIED LABORAIDRY Labga�, OPERATOR IN RESPONSIBLE CHARGE (ORQ___Am LL.§_mRh PERSON(S) COLLECTING SAMPLES JAWPAl-ft-0 CHECK BOX IF ORCHAS ULNNGED Mail ORIGINAL and ONE COPY to: A rrN. CENTRAL FILES x DIA71SION OF WATER RESOURCES (SIFNATURE 1617 MAIL SERVICE CENTER HilTHISSIGN) 1ALIAGILNC 211"-_1617,__� A0(-U%kTE MS GRADE 'V CERTIFICATIONNO�__., 001846 ORC PHONE-1 704-222-8617 NO FLONNI/DiSCHARGE FROM SITE* ERNrOR INIRESPONSIBLE CHARGE) TXTE I CERTIFY THAT THIS REPORT IS PLETETO THE BEST OF SIV KNOWLEDGE, DWR Form M R- I (W05) NPDES Perinit No. " NCO028711 Discharge . 001 Month cto r Year 01 Facility Name 1t1I1 Llerrtertta c i t i °' I ' - riun Ate nt ur Stream Lake lie" Stream Lake) lie Location Location. 1"aer 'M 3-136 Saddler UPSTREAM ' NS "A ifl4t{1oc000 t&t 3� i Ott 31616 00095 00010 400 03ttk i i�3flti 3tfat6 01 5 EaneaFa rraetex �:OdC -._ .Teter Panasraaetvx ir,ode r, y �kbove„ e� C£it: 37"9Ci i![aI55 � �y s'wa �+ �.�"+'J'ae, i¢a�te and Units 3 Below .fix ��±* 100w, fi7 Ca CC n ° ... ] - i"i9 ;`. � ° iB'Wt„r`1... air` 00 Trd iacc h av FIRS "h ;, t,'"�TT`�.�n—igl, PTE `�. Wi 00 eni �s. hov y ."" Mesa er¢e 1 ` r . a ins 12 74 3 , to r.r" It 74 3 r s' xvi I' to ° 10 72 t eta ,a; q 7..6 3 • 10 74 1,2 1 18 19 2C 2 21 Tw5 1 1, A 21 wo' 1 A 7,jr 22 22 2 2 2.° 24 25 2 27 28 2 �r ti -xio q,i-1 29 ct,,4 1 .y ,gyp. . ° 31 L30- o: .� 10 74 u t 1 24 imuma [EM :fit� �t14 t 6 mitmtart Pte3' �tLj DWR Forin MRA (Revised 8t2014) review of the October 2015 Discharge Monitoring Report D ) for the subject facility revealed the viol tins) indicated below: Limit Exceedance Violatio—n(sh. sample Limit Reported Location alra + ter Date Value Valve Type of Violation 001 Effluent Flow, in conduit or thru 10/31/2015 0.0080.0098 Monthly Average Exceeded treatment plant ( 00 ) Monitoring Vigola R Sample LocationParameter'Frequency Type of Violation 001 Fffl6 nt bb, Oxygen, Dissolved 00 00) 10/10/201 Wkly -Frequency Violation 001 Effluent DO, Oxygen, Dissolved 00300) 10117/2015 'Weekly m_v Frequency Violation 001 F uent— , Oxygen, Dissolved 00300) _ 10/24/2015 Weekly Frequency Violation 001 Effluent DO, Oxygen, Dissolved (00 00) 10/31/2015 Weekly Frequency Violation State of North Cart bna I EnNiTtinniental�alitylW-aterResourees 10 East Center Avenue, Snits 301, Mooresville, NC 28115 oa aawar gams any person Trio viola 0 t i n enty-nve musna to art in accordance witli the terms, conditions, or requirements of any permit issued purtuant to GS. 143-215-L If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of the Mooresville Regional Office at 704-663-1699. Sincerely, A W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NODEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File State of North Carolina I Enviroturrental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, KC. 28115 704-663-1699 Certified Mail # 70151520 0002 83761718 Return Receipt u February 10, 201 George M Jones Mecklenburg County Schools 3301 Stafford Q Charlotte, NC 28208 SUBJECT: NOTICtOFVIOLAtibi4tINTENTIOASSIESSCWILPENAOY Tracking Number: NOV- Otb-LM-001 Permit No. NCO028711 Berryhill Elementary School VVWTP Mecklenburg County Dear Permittee; reviewer of the October 2015 Discharge Monitoring Report MR) for the subject facility revealed the violation(s) indicated below: Limit Exceed@nrg Violatign(f); Sample Limit Reported Location Parameter Date Value 'value Type of Violation 001 Effluent Flow, in conduit or thru 10/31/2015 0.008 U005 Monthly Average Exceeded treatment plant (5005 onl ring Violations): Sample Monitoring Location Parameter DateFrequency "ype of Violation 001 Effluent DO, Oxygen, Dissolved 00 00) 10/10/2015 Weekly Frequency Violation 001 Effluent DO, Oxygen, Dissolved 00 00) 10/1 /2015 Weekly Frequency Violation 001 Effluent 1 , Oxygen, Dissolved 00 00) 10/24/2015 Weekly Frequency Violation 001 Effluent Doi, Oxygen, Dissolved 0 00) 10/31/2015 Weekly Frequency Violation State of North Carolina i Environmental Quality I Water Resources 610 Eaqt Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 WIN 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 State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-063-1699 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Charlotte Mecklenbgrj��ucntia�n Facility Name: Tier hill Elementary School WWTP Permit Number: NCO028711 County: Mecklenb"r Case Number: LM-2016-0016 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; 4&e ce Awe, 3) The effect on ground or surface water quantity or quality or on air quality; w. 14 A 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; ct 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority. A 12-month compliance period review (October 2014 to September 201.15) found the following violations: Daily Max TSS, Monthly Average TSS � LV-20it-04 0112015 - WHy Max TSS NOV-2016-LV�0397 04/2015 - Daily Max TSS NOV�201 �5-LV-0496 i 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office is 100,53 Regorb hour 16007 Enforcernorit caso preparation staff time - one hour 3813 Regjonall Office Supervisor review - one hour 1-�� T66L $100,53 701'� Date W. Corey Basing , Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ