NC0058084_Enforcement_20120808

Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Govemor Director Secretary
Aug <
,ust 8, 2012
CERTIFIED MAIL 7010 0780 0000 5519 1611
RETURN RECEIPT REQUESTED
Mr. DavidRisley, President and CEO
Gough Econ, Inc.
P.O. Box 668583
Charlotte, North Carolina 28266-8583
SUBjr ECT: Notice of Violation and Assessment of Civil
Penalty for Violations of NC. General Statute
143-215, 1 to to and NPDES Permit No. NCO058084
Gough Econ W`WTP
Mecklenburg County
Case No. LM-201 0022
Dear Mr. Risley:
This letter transr-n.its a Notice of Violation and assessment of civil penalty in the amount
of $338.49 ($200.00 civil penalty + $85.06 enforcement costs) against Gough Econ, Inc -
This assessment is used upon the following facts. A review has been conducted of the
self -monitoring data reported for April 2012..This review has shown the suhject facility to be i.n
violation of the discharge limitations and monitoring requirements found in NPDES Permit No.
NCO058084. The violations are, summarized in Attachment A to this letter.
Based upon the above facts, I conclude as arnatter of law that the Gough Econ, Inc,
violated the terms, conditions, or requirements of NPPE S Permit No. NCO058084 and North
Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the Trianner and extent shown in Attachment A.
A civil penalty may be assessed in accordance with the rnaximun-is established by G.S. 143-
215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department of Envirortment and Natural Resources
and the Director of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection.
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against Gough Econ, Inc,:
moruesville Regrona� Office
Locatiow 610 East Center Ave, Suite 301 Mooresv&, NC 28115 011C
Phone. [phone] t Fax, [phone] 1 Customer SeMce1-877-623-6748 NorthiCarolina
:nteroet rittpl;poftal ncdenr argtwebuq Nattirally
;,s, Equal Opportunin, Act,cn Emp'oyer - 30"a Recy,-,!EA10% Pori Consumer paper

lK00
For I of the one (1) violation of G.S. 143-215. I (a)(6)
and NPDES permit No. NCO058084, by discharging waste
into the waters of the State in violation of the permit daily
maximum effluent limit for ammonia.
100,00 For I of the one (1) violation of G.S. 143-
215. 1, (a)(6) and NPDES Permit No. NCO058084, by
discharging waste into the waters of the State in violation
of the permit monthly average effluent limit for ammonia.
0.00 For —1 - of the one (1) failure to monitor for temperature, in
violation of the terms of PDES Permit No. NCO058084.
$ 138A9
TOTAL CIVIL PENALTY
Enforcement costs.
$- 3"&49 TOTAL AMOUNT DUE
Pursuant to G.S. 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 tom. a. 14313-
2811 (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 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 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; and
(8) The cost to the State of the enforcej.'nent procedures.
Within thifty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
payment should be made directly to the order of the Department of Environment and,
Natural Resources (do not include waiverform). payment of the penalty will not foreclose
further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of,
Point Source Cot pliance/Enforcernent Unit
Division of Water Quality

1617 Mail Service 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 arnourit 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
as request must be accompanied by a Nvaiver 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, penalty should be remitted, and submit it to the Division of
Water Quality 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 ofthe civil, penalty assessment factors in G.S. 14313-2811(b)
were wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental dainage resulting
from the violation;
(3) vvrliether the violation was inadvertent or at 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 pay-nient for the remaining
necessary remedial actions.
Please note that all information presented in support of your request fear remission must
'be submitted in writing, The Director of the Division of Water Quality 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 t"Or Paynient, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Conirnittee), Please be advised that the Committee cannot consider
inforination 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 Administrative Hearing and Stipulation of Facts" forrnwithin thirty (30) days of
receipt of this notice, the Division of Water Quality also requests that you complete and submit
the enclosed "Justification for Remission Request." Both fortrisshould be subnotted to the -
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality

1617 Mail Service Center
,Raleigh, North Carolina 27699-1617
mo
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 fear an administrative hearing, You may obtain the petition forni from the Office of
Administrative Hearings. You must file the petition xvith the Office of Administrative I -tsarinas
within thirty, (30) days of receipt ofthiS notice. A petition is considered filed when it is
received in the Office of Administrative Hearings during nortnal office hours, The Office of
Administrative hearings accepts filings Monday th-rough Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The petition rria.y be filed by facsimile (fax) or
electronic tuail 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 § I 5OB-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative 1-learings with all questions
regarding the filing fee and/or the details of the filing process, The rnailing address and
telephone and fax nurnbers for the Office of Administrative flea,rings are as follows:
Office of Administrative flearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax., [phone]
One(1) copy of the petition must also be served on DE NR as follows:
Mary Penny Thorn pson, Greneral Counsel
DEN R
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) days of receipt of this
notice, as evidenced by an internal date/time received starnp (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. 11"the-vio.lat,ions are of acoattinuipqnature,
ature not related to --------

Wabout tis ciyl It t c ° der by Cons, .nt ease the Water
Q1 tia st oaf tlt�.ill egrl ffi ate ii 1-I
------------
(Date) Robert f . bias
Regional Supen,,isor
Surface Water Protection
Mooresville Regional Office
Division of Water u lit
ATTACHMENTS
C Mooresville Regional Office Compliance bile w/ attactirrients
Raleigh Corn liauee/Enf° rcemeut File vv/ attaclunents
Central Files w/ attachments
/i,n

ATTACHMENT A
CASE NO. LM-2012-0022
Outfall Date Parameter RWqqtiYAire Permit Linjit
001 4/26/12 tkninionia ITI tng,,,L* 10,0 trug,/L (Daily maximum)
001 4/330112 Ammonia 8,6 rng,/L* 2.0 mg/L (Monthly average)
001 4/2/12 Temperature 4x/week-t Monitor 5x/week
Denotes civil penally assessment
T A temperature value was Dot reported on 4/2/12; wi wnended DMR is to be submitted by
the permittee and therefore, this viohation was n6t assessed a civil penalty

rrATE OF NORTH CAROLINA DEPARTNIENT OF ENVIRONMENT
S AND NATURAL RESOURCES
fat Tit' OF E " I: NBU
THE MATTER OF ASSESSMENT WAIVER 0FRIGHTTO
AN
OF CIVIL PENALTY AGAINS
PERMIT NONCO058084
FILE NO. L.NI-2011-0022
Having been assessed civil penalties alties totaling . f t violation(s) as set forth in the _
` ` III ; theundersigned,
scsstx��rrt document of the I~3z�r�s� ��f Water Quality dated
desiring to seed remission of the civil penalties, does hereby waive the right an administrative
h arit'n in the above -stated matterand cis stipulate that the facts are as alleged in the
ass ssmerit drt urricttt. The undersigned further understands that all evidence presented in
srzpp rt of remission issi T tl-i� civil penalty must be submitted fitted t theDirector f the Division o
Water Quality within 0 day of receipt of t noticeof asss� t. 4�� �.� v i t� e in support
f a remission request Neill be allowed after 30 days from the receipt of the notice of assessment,
J"his the dad, of 2013
B
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2012-0022
Assessed Party: Gough Erne, Inc.
County: Mecklenburg
Permit Number: NCO058084
Amount Assessed: $338.49
Please use this form, when requesting remission of this civil penalty. You must also complete the
Facts" fix-ra 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 it request fbr 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, Pursuant to N.C.G.S. § 14313-282,1(c)
remission of a civil penalty may be granted only when one or more of tbefollw'ving five 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-ppiral as52t Lment factors in N.CX'S 14313-28
yygrj�, vrpugof IL qpplie,4 t�� I�Ldetrirrient of ft�etitioner (the ws�sessnzent filctors are listed it?
-� — g_ y, _ _- jt
the civilpmalty av�essmeat document),
I
(b) the yiolatQoLp:iorr num, enyLrg Jal
Wily abated comi---'-j,— -nmental dat resultin- froni the
AtLop (i.e., explain the steps that you took to correct the violation and prevent fiiture
occurrences);
(c) the violation was inadvertent or a result of wi accident (i.e,, explain ivhy the
violation
unavoidable or someth ing you coid not pre vent or prep are fi-n)
(d) tire violator had not been assessed civil penalties for anyT ion .-
,revious violat' s,
p qyment of Ahp qy t for the remactin Tres ssar
remedial actions (ix., explain howpajyment ofthe civilpenalty will prevent youfiromper°fortning
the activities necessar�y to achieve compliance),
EXPLANATION: (use additional pages as necessary,)

Violator: Go Ecoij Inc
Facility: Gough Econ WWLf�
Count-
y: Meck-_1enburg_,___
Case Number: LM-2012-0022
Permit Number. C0058084
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, the discharge of elevated ammonia concentrations
can result in decreased oxygen in the receiving stream as the ammonia is broken down; this
could cause impacts to aquatic life,
2) The duration and gravity of the violation;
The ammonia concentration of 171 mg/L on April 26, 2012, exceeded the daily maximum
permit limit of 10.0 mg/L by 71%. The single elevated ammonia resulted in a monthly average
of 8.6 mg1L, which exceeded the permit limit of 2,0 mg/L by 327.5%. Ammonia was also
monitored on April 11, 2012, with a concentration of < 0,5 mg/L.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown, Ammonia -nitrogen is an in -stream toxicant and
oxygen -consuming waste. Increased concentrations can reduce the amount of oxygen
available to aquatic organisms,
4) The cost of rectifying the damage;
ES
9
The cost is unknown,
'The amount of mone-
y saved by noncompliance;
The amount of money saved by noncompliance is unknown,
I I I

8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $138A9,
:FA%1�, 20'ZI
Date Robert B, Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

PERMIT: NCO058084
FACILITY: Gough Eton Inc -Gough Eton WWTP
COUNTY. Mecklenburg
REGION: Mooresville
Limit Vidation
MONITORING OUTFALL i
VIOLATION
UNIT OPL
CALCULATED
REPORT PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
04 �2012 001
Effluent
Nitro n, Ammonia Total (as
N) - roncentration
04126112 2 X month
M911
10
17 1 71
Daily Maximum Exceeded
None
04-2012 001
Effluent
Nitrogen, Ammonia Total (as
04130112 2 X month
rngti
2'
8,55 327,5
Monthly Average Exceeded
N) - Concentration
A
PERMIT: NCO062383
FACILITY: Carolina Water Seryl6a'Inc of'NC - Queens Harbor
COUNM-Mocklenburg
REGION: Mooresville.,, .4,
WwTp
Limit Violation
MONITORING OUTFALL/
VIOLATION
UNIT OF
CALCULATED
REPO'
,RT PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
UMIT
VALUE % OVER LIMIT
VIOLATION IrYk
VIOLATION ACTION
04-2012 001
Effluent',,
BOD, 5-Day (20 Deg, C) -
04/24M2 Weekly
Mg1I
45'
52 1556
Daily Maximum Exceeded
can
Concentration