NC0031038_Enforcement_20160405

o-
t tier° Resources
Tarn J. Guzikowski
Colonial Pipeline Company
PO Box 1624
Alpharetta, GA 30009-993
PAT MCCRO Ri
INI: ;ql
DONALD R. VAN DER VAART
S. JAY ZIMMFRMAN
May 09, 201
u1 ject, Payment Acknowledgement
Charlotte Pipeline Company
permit Number: N O03103
Case Nunal7erw IN-201 -00 1
-'WUl 1 4,+JI &P.LL%.k
This letter is to acknowledge receipt of payment in the anioullt of 300.33 received from you dated May
09, 2016. This payment satisfies in full the above civil assessment (s) levied against the subject facility
and this case has been closed. payment of this penalty in noway precludes, future action kty this Division
for additional violations of the applicable Statues, Regulations, or Perrraits,
if you have any questions, please contact Wren "rhedf if at 19- 0 304.
Sincerely
Wry .T
i
Wren Thedf tcJ
Wastewater Branch
cd
I
cc: Central Files
NPDES
Mooresville Regional Office
State of Nunh Carolina Environmental Quality Water Resource
1617 h4a it sen ee Center 11 Raleigh, a;Wh Camhna 27699-161
19 8074-.2alt1

warerResources
VNW*0f4MrzNtAL OLIAUTY
Certified Mail A 7015 1520 0002 8376 32 17
Return Receipt Reauested
April 05, 2016
Tom J Guzikowski
Colonial Pipeline Company
PO Box 1624
Alpharetta, GA 30009-9934
SUBJECT: Notice of Violationand Assessment of Civil Penalty
for Violations of North Carolina General Statute G.S.) 143-215. I(a)(6)
and NPDES WW Permit No. NCO031038
Colonial Pipeline Company
Charlotte Delivery Facility
Case No. 1-V-2016-0081
Mecklenburg County
Dear Mr. 6uzikowski:
This letter transmits a Notice of Violation and assessment of civil penalq, in the amount of $300.33 ($200.00 civil penalty +
$100 33 enforcement costs) against Colonial Pipeline Company.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Colonial Pipeline Company for the month of November 2015. This review has shown the subject facility to be
in violation of the discharge limitations andlor monitoring requirements found inNPDES WW Permit No. NCO031038. J-he
violations, which occurred in November 2015, are summarized in Attachment A to this letter.
Based upon, the above facts, I conclude as a matter of law that Colonial Pipeline Company violated the terms, conditions or
requirements of NPDES WW Permit No. NCO03103 8tend G,S. 143-215.1 (a)(6) in the manner and extent shovel in
Attachment A. fit accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil, penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 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 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 Colonial
Pipeline Company:
state of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

J100-00 1 of the I violations of 14-21 .1(a)() and Permit frlo.NCO03l038, by.. discharging waste water into
the waters of the State in viol tl n ofthe Perm it Daily Maximum for BENZE NE
I OO.00 3 of the Y violations of 1 - 1 .1(a)(6) and Permit No.NC 003 103 8, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TOLUENE.
20 .00 TOTAL CIVIL PENALTY
I tlta. 3 Enforcement Costs
30033 TOTAL AMOUNT DUE
pursuant to G.S, I4 -21 ,6 (c), in determining ining the amount of the penalty l have taken into account the Findings of Fact and
Conclusions of'Law and the factors set forth at G. S. Id 3 B-2Is .1(b). which are:
(1) The degree and extent of harsh 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,
(>) The effect on ground or surface water quantity or quality or can air quality,
() The cost of rectifying the damage
() The amount of money saved by noncompliance
() 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
() The cost to the State of the enforcement procedures.
Within thirsty (ail) days of receipt of this notice„ you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a vTitten request for remission, OR
() Submit a written request for an administrative hearing
Option ,t : Submit payment of the penalty:
Payment should he made directly to the caroler of the Department of Environmental Quality (do not include waiver
r
for ). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(:):;
Please submit payment to the attention of;
Wastewater branch
Division ofWater Resources
1617 Mail Service Center
Raleigh, North Carolina 27 -f i17

IFOption 2: 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 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 he 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 NC GS 143B-282, 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 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 it 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 RaiLest"
Both forms should be, submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1 17

Otin L,-File a,petition for an administrative,hearingwith the Office of Administrative Hearings: I
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 (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 § 150B-23 .2) is received in the
Office of Adrn inistrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of AdministrativLtLe4rEin s vvr�th all_qgetiL)tL.Eegard ng the filing fee and/or the details of the
faits
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. Sam M. Hayes, 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 adv ised that additional penalties maybe assessed for 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 [phone] or via email at roberto.scheller Ca),nedeirr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
AITAC11MENTS
CC,- WC. S Mooresville Regional Office, - Enforcement File
NPDES ComplianeefEnforcemeat Unit - Enforcement File

JULrIFICATION FOR REM—I—SSION IaQIJEST
county: Mecklenburg
Case Number: LV-2016-0081
Assessed party. Colonial Pipeline Company Amount Assessed: $-30-921
Permit No. NCO031038
Please use this form when requesting remission of this civil penalty, you Must also complere, the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts', form to request remission ohector to cf this civil penalter in
y.
You should attach any documents that you believe support your request and are. necessary, for the Donsid
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 ) occurred or the accuracy, of any of the factual
statements contained in the civil penalty assessmentdocumea Pursuant toN.GGS § 143B-282.1(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),
penalty, assessment factors in N.C.G-S, 1,43B-282.1(b) were wrongfully applied to the
(a) one or more of the civil m y
detriment of the petitioner (Me assessment factors are listed in the civil penalty assess entdocument);
(b) the violator promptly abated continuing environmental damage- resulting from the violation i.e., explain the
u
steps that you took to correct the violation and preventf is occurrences):
(c) the violation was inadvertent or a result of an accident (i.e., explain units the violation was unavoidable or
something you could notprevent or prepare fior);
(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
honpayment of the civil penalty willpreventyoufrom performing the activities necessaty for achieve
compliance),
EXPLA TION:
�NA

STATE OF NORTH C R )LIN
COUNTY OF MECKLENBURG
11 DEPARTMENT T F ENVIRONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO .
F CIVIL PENALTIES AGAINST" MINIST T HEARING AND,
STIPULATION ILL FACT
Colonial Pipeline Company
Charlotte Delivery Facility �
PERMIT NO. NCO031038 CASE NO. L'4-2016-li0 I
Having been assessed civil penalties totaling 1100,33 for violations as set forth in the assessment document of'the Division
of Water Resources dated Apdl 0 2101 , the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative heating 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, (fl) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after 0) dies from the receipt of the
notice of assessment
This the m day, of-----m----I tI
SIGNATURE
TELEPHONE;

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Colonial Pipeline CoMpan A
Facility Name: Charlotte Delivery Facility
Permit Number: NCO031038
County: Meeldenburg
Case.Number: LV-2016-0081
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; No harm has been documented; however, exceed,ances of Benzene and Toluene
may result in toxicity of the receiving stream and have a detrimental effect on aquatic life.
2) The duration and gravity of the violation;
The violations occurred during the month of` ovember 2015.
3) The effect on ground or surface water quantity or quality, or on air quality;
No effects on ground water, air quality, or surface waters have been documented.
4) The cost of rectifying the damage;
The cost of damages is unknovai.
5) Tea aunt of one saved by noncompliance;
Amount of monies saved by noncompliance unknown.
6) Whether the violation was committed willfully, or intentionally;
The violations do not appear to be willful of intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
'The subject facility has had one (1) noted violation against in the past 12 months (October 2015 to
October 2014) tracking numbers NOD-2015-LV-0 1 54
8) The cost to the State of the enforcement procedures.
Tbe cost to the Mooresville Regional Office is $ IOU .
Regional Office Clerical Staff -- one hour $15.00
Enforcement case preparation staff time -- one hour $3113
Regional Office Supemisor review, — one hour $52.40
Total: $100.53
I
W. Core-
y Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ