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Home My WebLink AboutNC0058084_Enforcement_20131213NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water QuaJ4 Regional Operations Section Pat McCrory Thomas A. Reeder John E. Skvada, Ill Governor Director Secretary December 13, 2013 4t— CER'I'IFIED MAIL 7010 1870 0001, 1558 1,412 RETURN RECEIPT REQUESTED Mr. David Risley, President and CEO Gough Econ, Inc, P 0. Box 668583 Charlotte, North Carolina 28266-8583 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. 1 (a6) and'NIPDES Permit No, NCO058084 Gough Econ, Inc. WWTP Mecklenburg County Case No. 1,V-2013 -0226 Dear Mr. Risley: J'his letter trwismits a Notice of Violation and assessment of civil penalty in the amount of $248-91 ($100.00 civil penalty + $148.91 enforcement costs) against Grough Econ, hic.. `Fins assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for July 2013. l'bis review has shown, the subject facility to be in violation of the discharge limit aLions found in NPDES Permit No. NCO058084. The violations are summarized in Attachment A to this, letter. Based, upon the above facts, I conclude as a matter of law that Gough Econ, Inc, violated the terms, conditions, or requirements of NPDES Permit No. NCO058084 and North Can: ina General Statute (G. S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums 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 Environment and Natural Resources and the Director of the Division of Water Resources, 1, Andrew Pitner, Assistant Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Gough Econ, Inc.: Moofesvilte Regional 04fice Location: 610 East Center Ave., Sufte 301 Mooresville, NC 28115 One Phone i7014) 663-1699t Fax. (70411 663-60401 Guslomer Service� 1-877-,623-5748 Internet -Mt-aofirta Not '�q Flua Opputu ndy Nffinnafiye Achom Er-yinyeT - Ivt 'Corrsumepaper KOO 48.91__'____ For I — of the one (1) violation of G.S, 143-2 1 S. I (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 forrnmonia, TOTAI, CIVIL PENAUry Enforcement costs TOTAL AMOUN'r ou. Pursuant to G.S. 143-215.6A(c), in determining the amount ofthe penalty I have taken into account the Findings offact and Conclusions of Law and the factors set forth at G.S. 143B-282 . I (b), which are: (1) The degree and extent of harm to the natural resources of the St rate, to the public health, or to private property, resulting frorn 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 darnage; (5) The amount of money saved by noncompliance-, (6) 'YWhether 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) "Fhe cost to the State of the enforcement procedures. Within thirty days of receipt ofthis notice, you must do one of the following: L Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver forno, Payment of the penalty will not foreclose further enforcement action for -my continuing or new violation(s). Please Submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 mm 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 fivefactors 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, docurnent. Because a remission request forecloses the option of aro administrative hearing, such a request must be accompanied by to waiver of your right to ari administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare as 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 a remission request will be approved, the following factors shall be considered: (I whether one or more of the civil penalty assessment factors in G.S, 1431-282.1(b) were w,rongfully 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) xNrhether 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 information presented in support of your request for reinission must be submitted inwriting. 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 Environtriental 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 Administrative Hearing and Stipulation of Facts" forrri within thirty (30) days of receipt of this notice. The Division of` WaterResources also requests that you cornplete and submit the enclosed "J usti fi cation for Remission Request." Both fix should be submitted to the ftillwNring address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Ca-rolina. 27699-1617 ma 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 niust file a petition for an administrative hearing. You may obtain the petition form from the Office of' Administrative f-learings, 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 off, dministrative 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 14 fee is, required by NCG15013-212) is received in the Office of Administrative Hearings within seven (7) business days ftillowing the taxed or electronic transmission, You should contact the Office of Administrative Hearings with all questions regarding the filingtee and/or the details of the filing process. The mailing address and telephone and fax numbers for the, Office of Administrative Hearings are as fbllowsl- Office of Administrative Hearings 6714 Mail Service Center Raleigh., NC 27699-6714 J'el: (919)431-3000;Fax: (919)431-31(t0 One (1) copy of the petition must also be served on DENR as follows, - Mr. Lacy Presnell, General Counsel DENR 1, 601 Mil Service Center Raleigh, NC 27699-1601 Please indicate the case nunib er a found on page one of this letter) on the petition. Failure to exercise one oftlic options above within thirty ('30) days 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 penaltiesmay be assessed for violations that occur after the review periodof this assessment. If the violations are of a coiLtiq qjatur�,-po—t rql-a--td tp -p.Lcjatiqn -- pisaiji ,on tLcipgte remedial construction activities 11 U 4YIN, huh a--y an --A 4 ( -3-1699, q (Date) Andrew Pitner., Assistant Regional Supervisor Mooresville Regional Office Division of Water Resources A"I'TACHMENTS CC' Mooresville Regional Off -ice Compliance File w/ attachments Raleigh Compliance/Enforcernent File w/ attachments Central Files w/ attachments FF ATTACHMENT A CASE NO. IN-2013-0226 Outfall Date Parameter port d Value Permit it Limit Aflor n l response to NOV-2013-t,V-0648 F s not received by the Division. . However, staff did revise the, conrats provided on the July 2013 Discharge Monitoring Report and the information provided by the WWTP ORC via e-mail on August 21, 2013, regarding the violation. Mitigating factors were found that resulted in a reduced civil penalty amount, STATE OF NORTH CARO IN COUNTY OF OF CIVIL PENALTY AGAINIST P RMIT Nth. NCO058084 DEPARTMENT OF ENVIRONMENT AND NATlJR,AL RESOURCES WAIVER OF RIGHT"F0 AN ADMINISTRATIVE HEARING AND STIPLI'LATION OF FACTS T FILE NO, L'V-2013-0226 Having been, assessed civil penalties totaling . I for violation(,,) as set forth in the assessment document of the Division of Water Resources dated December € b 13 2013, the undersigned, desiring to seek remission of the civil penalties, does hereby Nvaive the right to an administrative hearing in the above -stated matter and does stipulate that the faits are as alleged in, the assessment: docurrieTnt;. 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 ) days of receipt of the notice of assessment. No new evidence in spa port of a remission request will be allowed after 30 days from the receipt of the notice of assessment; This the day of _....._.. tll AD TELEPHONE FJUSTIFICATION FOR RENI1SS1Q-N--R—EQ—U-EST DWR Case Number: LV-2013-0226 Assessed Party: Gough Econ, Inc. County: Mecklenburg Permit Number- NCO058084 Amount Assessed: $248.91 Please use this form when requesting remission of this civil penalty. You imist also complete the, grLng, '&,Tyest &Qt° RenysLiqn, �aivC� f—F cts jt_ _!2L Right to an Achninistrative'lle -and SNnd4tion 0 a form 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 perially assessed. Requesting remiss on is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the tactual 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 the foilowing 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 f7actor applies (attach additional pages as needed). (a) one or more of t e-ch3-1-P-qriWRY ssrrat latter s m�re, h pto qljqpp fied _— Lo the. detrirraeof the Tetitionear fthe assessmentfict aors are Ii.vied, uz the civil pen altv assessment docuinenr )-, (b) the violat T_pr(,)il iptl , abated contin i _g mental dan, violation (i,e explain the steps thatyou took to correct the violation andprevent ,fature occurrences�)"' (c) the violation was inadvertent or a result of an -accident (i.e., explain salty the violation ivcvr unavoidable or something- not prevent or preparefir) , you could (d) the violator hadjjo�been assessed _civ�altiesfor any (eair _zit 'tla LiYT-0-41Y-A11_pr�L,eg ayij_ t fothe rqM4nisi gnece�s,Lniediai actions 0, e, explain how pqytnent of the civil en al will prevent youftoin per/brrning the activities necessary to achieve compliance). EXPLANATION - (use additional pages as necessat°y) NORTH CAROLINA DIVISION OF WATER RESOURCES ASSESSMENT FACTORS Violator: Gough Econ, Inc. Facility: Gough Econ. Inc., WWTP—.-..--------- County: Meck- SInbur Case Number: LV-2013-0226 Permit Number: NCO058084 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; The ammonia concentration was 6.27 mg/L and <0,5 mg/L on July 16th and 31'�; only sampling completed in July 2013. These values were compliant with the daily maximum ammonia concentration of 10.0 mg/L but resulted in a monthly average concentration of 3.14 mg/L, exceeding the permit limit of 2,0 mg/L by 5&BW The effect on ground or surface water quantity or quality, or on air quality; 4) The cost of rectifying the damage; Im Im 9 r. EMEM The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The Division of Water Resources has no evidence that the violations were committed willfully or intentionally', the permittee does not note why thee recirculation pump was off, The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been ten previous CPAs for the Gough Eton, Inc, WWTP with no CPAs issued in the past 12 months. 8 The cast to the State of the enforcement procedures. e The cost to the Division of Water Resources is $148,91, kv{ Date Andrew Pitn r, Assistant_R i al Supervisor Mooresville Regional Office Division of Water resources PERMIT- NCO028606 X-A MONITORING OUTFALO am FACILITY,� ',�NC DOTIII - Envir. --Z tredetl 6�nty jjjjj1jjiII1jjjjjjjjI 11111 N *Porations '1�77 Rest Area -COUNTY: "dell ReportOatw 10102413 P89V 4 of 6 -77--RETDKT PP J LOCATION PARAMETER -bATE- FREQUENCY MEASURE LIMIT ti VALUE % OVER LIM It',, VIOLATION TYPE VIOLATION ACTION 07 - 2n13 001 Effluent BOO, 5-Day (20 Deg. 0) - Concentration 0711S113 Weekly mg/I 45, 107 13778 Daily Maximum Ex 6eeded None 07-2013 001 Effluent ROD, 5-Day (20 Deg C) - Conicentration 07124113 Weekly Mg/I 45 196 33&56 Daily Maximum Ex6eeded None 07�2013 001 Effluent BOD_5-Day (20 Deq. 0) - Concentration 07/31/13 Weekly mgil SO 72,02 140,07 Monthly Average Exceeded' None 07-2013 001 i Effluent Solid si, Total Suspended - Concentration 07118113 Weekly, mgA 45 72,7 61 56 Daily',Maximum Exceeded' None 07 2013 001 i Effluent Sofidsi, Total Sus penjed- Concentration 07124113 Weekly nngA 45 176 291.11 Daily h4aximurn Exc I peded None 07-2013 001 Effluent Sofide, Total Suspended - Condentration 07/31/13 Weekly mgA � 45 '1 4r-7 6 Daily Maximum Exceeded None 07-2013 G01 "Effluent Solid,,;, Total Suspend = Qioncentration 07131113 Weekly mg/l 30 67,34 124.47 Mo nthly,Average Exceeded,'. None fw PERMIT: NCO058084 FACILITY: Gough Econ Inc - Gough Econ WWTP COUNTY: Mecklenburg REGION: Mooresville Linnit Vlolaacin A -Z-1 — 4' MONITORING OUT .ALL I REPORT FRI VtOLATION UNIT OF CALCULATED LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LINIff VIOLA71ON TYPE VIOLATION ACTION 07-2013 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration 07131/13 2 X month ing/I 2- 3 14 56,75 Monthly Average Exceeded None