NC0058084_Enforcement_20140211

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ANN*
NCUERA sty
t Y�4
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A. Reeder John E. Skvarla, Ill
Governor Director Secretary
February 11, 2014
CERTIFIED MAIL 7010 1870 0001 1558 1528
RFTURN RECEIPT REQUESTED
Mr. David Risley, President and CEO
Gough Econ, Inc,
P.O. Box 668583
Charlotte, North Carolina 28266-8583
S U'B JE" C T - Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General, Statute
143-215. 1 (a:)(6) mid N"PDES Permit No. 1 CO058084
Gough Econ, Inc. WWTP
Mecklenburg County
Case No, LV-2014-0019
Dear Mr, Ri'sley:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $449,221
($300.00 civil penalty + $149.22 enforcement costs) against Gough Econ, Inc..
This assessment is based upon the following facts- A review has been conducted of the self -monitoring
data reported for September 2013. This review has shown the subject facility to be in violation, of the
discharge limitations found in NPI ES 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 Carolina General Statute
(G.S.) 143-215.1(#6) in the manner and extent shown in Attachment A. A civil penalty may be
assessed in accordance with the maxi: urns 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.:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phom (704) 663-16% t Fax, (7041663-6040', Cuglorner Service: 1-877-62M748
Internet http:diportaf,fiCdenrargtwebrArq
ATI Equai C)pporlunfly Afflrn,altw,, kwr Enrkyer 30% Recyde1% P.-v Consumer paper
One
NotthCarolina
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00-00
For I __ of the one (1) violation of CT.S. 143-215, 1 (a)(6) and
NPDES Permit No. NCO058084, by discharging waste into the
waters of the State in violation of the pern-lit daily maximum
effluent limit for fecal coliform.
For of the one (1) violation of G.S. 143-215, 1 (a)(6) and
NPI ES Permit No. NCO058084, by discharging waste into the
waters of the State in violation of the permit daily maximurn
effluent limit for arnmoma.
200,00 For rmm I of the one (1) violation of G�S. 143-215,1(a )(6),and
NPlJE,S_Pe_rmir No, NCO058084, by discharging waste into the
waters of the State in violation of the, permit monthly average
effluent limit for ammonia.
$ 30000 TOTAL CIVIL PENALTY
S_J4922Enforcement costs
$44922 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 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 paver 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 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, waiver.forni). 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 Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

um
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for MruiSSiOrl 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 penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below. in
detennining,xhether a remission request will be approved, the following factors sliall be considered-.
(1) whether one or more of the civil penalty assessment factors in G.S. 14313-282.1() were
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 information 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 inform
--on of his decision in the matter of your remission request, The response will provide details
y I
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 (Corrunittee).
Please be advised that the Cornmittee 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" 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.
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours or 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 filing process. 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 DEN R as follows:
Mr, Lacy Presnell, General Counsel
D EKi 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 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 the violations are of a continuin -nature not related too e[Lation and/or
maintenaii, on activit—ies I then Waxy -wish to
If on have. _pan ry_qsaes . ons about this civil nenghy
assessmentor a Special Order by Consent, please contact the stafl'of the Mooresville Regic 2nal Office.
J
(Date) Andrew Pitner, Assistant Regional Supervisor
Mooresville Regional Of
Division of Water Resources
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforce ' ment File w/ attachments
Central Files w/ attachments
ap/ma

ATTACHMENT
CASE NO. LV-2014-001,9
Outfall Date 'Parameter Reported'Val Permit Limit
d01 9/10/13 Fecal coliform 415 CFU/100 mL 400 T/1 0 rnL (Daily maximum)
00 /10/13 Ammonia 1`5.9 m/L 10.0 /L (Daily maximum)
1101' /30/13 Ammonia 8.0 mg/L* 10 t g/L (Monthly average)
Denotes civil penalty assessment
A formal, response to N - 013-L -0730 was not received by the Division. However,
staff did review die comments provided on the September 2013Discharge Monitoring'
Repot and the infoi nation provided by the WWTP ORC via e-mail on September 14
2013, and. October 30, 2013, regarding the violations. Mitigating factors were found that
resulted in a reduced civil penalty amount.

STATE OF NORTH '1'T- C AROLI A DEPARTMENTOF ENVIRONMENT
AND NATURAL RESOURCES
E
COUNTY OF ME, C KI }EN UDR C"
IN THE MATTER OF ASSESSMENT WAIVER OF R GHT" TO AN
D
OF CIVIL PENALTY AGATNST ADMINISTRATIVE HEARING AND
GOUG I T C O I_Cs. S£TTPT. LATIO CIF FACTS
PERMIT NO. NCO058084
FILE NO, LV-2014-0019
Having been assessed civil penalties totaling fir violation(s) as set forth in the
assessment document of rfie Division of Water Resources dated �a i� t1T , the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the, above -stated natter 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 trust. be submitted to the Director of the Division of Water Resources within 30 days
Of receipt of the notice of assessment. 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 ___.. � m 01
T
ADDRESQ
TELEPHONE

JUSTIFICATION FORREMISSION REQLEST
DWR Case Number: LV-2014-001
Assessed Gough Econ, Inc.
County: Mecklenburg
Permit Number: NCO058084
Amount Assessed: $449.22
Please use this f6rai when requesting remission of this civil penalty. You must also complete the
form to rearrest remission of this civil penalty. You should attach any documents that year believe
support your request and are necessary for the Director to consider in evaluating our request for
remission, please be aware that a re nest fear 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 KC.GS § Id -2 2.1(c), remission of civil penalty°, maNr be grained only when one or
more of the following 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 pager as needed).
(a) one or more of the eivil en Ily assessment factors in 1 _ w l 3l - 2,1 1 ppL
r9n f�.t11. � 1� �1 the detriment o the a tican tlt� ta,� tk.cs nt c tors rare lasted
are the ci vil pen alyi: assessment document);
(d) the yiolatorl?roan tl , abated continnuil ttr iroo ienta.l dart'rage r m itjg_from the
violation (i.e., explain the steps thatyou took to correct the violation care preveta
,future occurrences);
(c) the violation has inadvertent or d result of ari accident (i.e,, explain why the violation
was unavoidable or something you could notprevent or prepare fio)
_._ .
d) the violator had not been a sc se ��s fiLLapy r i�ous iolatf s
(e) pgynjeiof tlt iLj malt .{ vviill : revgn vent fog✓ the rernain n tt ssars� r medfal
a tions (L e., explain how pgytnent of the civil penal), will prevent .t'ora_, 'i oin ejbr inin
the activities necessary to achieve compliance).
EXPLANATION: N: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: Q Lougb E con. Inc -
Facility: Gou h on, Inc. W)KIP
County: Meck Ll�enbur�
Case Number: LV-2014-0019
Permit Number: NCO058084
10i
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Ammonia is treated as an in -stream toxicant by the
State of North Carolina because it is an oxygen -consuming waste. Increased concentrations above
the permit limit when broken down in the receiving stream could reduce the amount of oxygen
available to aquatic organisms. In addition, the discharge of elevated concentrations of ammonia can
have direct toxic effects on aquatic organisms. The discharge of fecal coliform in excess of the permit
limits could cause human health concerns downstream of the facility.
4) The cost of rectifying the damage;
No damage has been documented,
5) The amount of one saved by noncompliance;
It does not appear that any money was saved by the noncompliance at the P.
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, The permittee noted in an e-rash communication as noted above that the violations
were most likely related to filter bed maintenance that occurred before sampling and that Gough Eton
has always followed a proactive stance to its environmental responsibilities.

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 11 previous CPAs for the Gough Edon, Inc. WVVTP with one CPA issued in the past
12 months (LV-2013-0226 was assessed for an ammonia violation; penalty of $248.91 was paid in
full)`.
) The cost to the State of the enforcement procedures,.
The cast to the Division of Water Resources is 1 g.
g �
Date drew Pitn r, assistant Regional Supervisor
Mooresville Regional Office
Division of Water Resources ource

P IR ' IT. NCO058084
FACILITY: eu h Econ Inc - Gough Econ WWTP
Mecklenburg
REGION: Mooresville
hqH...
Limit Violation
_ u+ 4 ..+i..rv..,... r <,,..,3 ✓,"� .,. .._..,. j}, f ,....vx "aS'� °^" §µ°v��w C '""'
+
MONITORING RING GUTFALL d
REPORT PP#
VIOLATION
LOOA'UON PARAMETER- DATE
FREQUENCY
UNIT OF
MEASURE
UNIT T ,
CALCULATED
VALUE
% COVER t IMlT
VIOLATION TYPE
VIOLATION ACTION
09 -2013 001
Effluent Coliform, Fecal MF, M-FC 09110113
2 X month
#1100ml
400
415
3.75
Daily Maxwrnarn Exceeded
None a,.."
09 -2t113 001
Effluent pNitr�, en �&rr}�rnonta Total a 0 1"�tlf/13
Y ��Iti$.r4{i`'tly n
2 month
IT19/i
f
10
1 .g
`..
5
Dully Nlraxirnurn Exr ededl
None 41"
09 2Ci1 001
EffluentNitrogen, Ammonia Total (as 09/30113
N) -one ntratlon
month
rng/t
7.45
297.5
Monthly Average Exceeded
None �
"
m ,
.
PERMIT. NCO024244 _u
F iLlYfrty l �v ern rl - Long Creek WWTP
COUNTY: Stately
REGIOW Moo y lie
s
,
t p
Li t Violation
w
� "� .p . �t� � x t � � � � J
i n
MONITORING k>UTFALL 9
REPORT PPI
� � 1rIi1L.»�Tt�kN
GG�GATI{�N P PAIaAFTIWR DATE
FFiER�lkEM19G�`
14 UNIiOI"
EA URE
L9iv1i`C
At.GULATEtT
VALUE
n ! OVER LIMIT
VIOLATION TYPE
VIOLATION
09-2013 t1Li1
Effluent Ivt `rcurl Total asH
{ ) 09/30/13
Monthly
ng)l
12,
15,7
31,25
Monthly Average Exceeded
None
icentratmc n
n
1"4
09 _ 013 1 001
Effluent Soli s, Total Suspended 09128/13
'entralAc�n f
5 X week
i� dl
g3.L15
50 ,,
1`
5.t
aaa;kt Average Exceeded
g Exceeded
., N
None,. y � w
I .L ..
09 _2013 001
Effluent ralle�. , Total Suspended - _ `? 09/30113
a week
r g/1
35 �'
�3i.9 ��
5,27
Monthty Average Fxneeded
%Acne — � tL:v
3
Con ntration
i
3
.- P
w
e' x
3 s
e

NPDES DMR "violation Penalty Worksheet
FFacility:EconiF ti eptember Flc r: D
viou Violations. 1 educed Penaltiespose O'`- R
Multiplier: 1 Response: 'yes No Comments: ents: Yea No
NOV-NRE date 1 /1 /13, no response received,.. The ORC notified MR
Response staff via e-mail within four ( days of daily maximum teal coliform violation
Information: and update the information (matched what was noted on 1 on October
30,2013.
There was one daily maximum fecal coliform violation (. % over the limit),
one daily maximum ammonia violation (9% over limit) and a monthly
ammonia violation ( 97. over) two of three propose for penalty.
September DMR notes: "A follow-up fecal coliform sample on 911 /1 (two
days after violation) yielded a result of <1 FU/1 0 mL. Field testing of the
chlorine contact chamber`TRC showed ample chlorine to ensure disinfection,
DMR Previous to sampling filter bed maintenance was performed, including
Information: clearing of surface debris; algae, scum, and vegetation. Deep raking of
compacted sand was performed also. The disturbance of the bed likely
caused temporary disruption of treatment and/or release of contained ,
ammonia and an increase of fecal discharge to the disinfection area.
i Structural maintenance to the filter walls were completed in early October
F
2013, without disruption in treatment or compliance. Gough Fcon has always
followed a proactive stance to its environmental responsibilities," LforOnePrevlc us' iola +on lnfc a iaan CPA (LV-2013- vas issued for July 01 R
a monthly ammonia violation,
Other Relevant
Information:
L
saae 00 nal .Incr+ea e e+ realOutcome:
F I n a I Penal ty
VTr "„w
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