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HomeMy WebLinkAboutNC0083887_Enforcement_20160129Water Resources ENVIRONMENTAL GLJALPTY ebruary 26, 2016 Mr. Jack Christine City of Charlotte PO Box 19066 Charlotte, NC 28219 PAT I ICCRORY DONAL.D R. VAN DER VAAR*! S. JAY ZIMMERMAN Subject: Payment: Acknowledgement Charlotte Douglas International Airport Permit Number: NC0083887 Case Number: MV-2016-004 Mecklenburg County Dea Permittee: This letter is to acknowledge receipt of payment in the amount of $306.53 received from you dated February 22, 201.6. 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 no way precludes future action by this I?'ivision for additional violations of the applicable Statues, .Regulations, or Permits. If you have any questions, please contact Wren Thedford at 91 9-807-6304. Sincerely, Wsrev Ti c �wr Wren Thedford Wastewater Branch cc: Central Files NPDES Mooresville Regional Office 1617 Mail service Center p, Raleigh, North t x ;taro 7699-1617 919 807-6300 PAT MCCRORY Water Resources ENVIRONMENTAL QUALITY January 29, 2016 Certified Mail #7015 1520 0002 8376 1,640 Return Receipt Requested Mr. Jack Christine Interim Deputy Aviation Director City of Charlotte Post Office Box 19066 Charlotte, NC 28219 ' ' Cer,ed, Gevemor DONALD R. VAN DER VAART SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North. Carolina General Statute (G., S.) 143-215,1(a)(6 and NPDES Permit No. NC0083887 City of Charlotte — Charlotte Douglas International Airport Case No, MV-2016-0004 Mecklenburg County. Dear Permittee: Secretary S. JAY ZIMMERMAN Director This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $306.53 ($206..00 civil pena $100.5.3 enforcement costs) against City of Charlotte — Charlotte Douglas International Airport. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Charlotte — Charlotte Douglas International Airport for the month. of September 2015.. This review has shown the subject facility to be in violation of the discharge monitoring requirements found in NPDES Permit No, NC0083887, The violations, which occurred in September 201.5, are suinmarized in Attachment A to this letter. Based upon the above facts. I conclude as a matter of law that City of Charlotte — Charlotte Douglas International Airport violated the terms, conditions or requirements of NPDES Permit No. NC0083887 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may he 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 ofthe Depaitment of Environment and Natural Resources and the Director of the Division of Water Resources, I, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City of Charlotte — Charlotte Douglas International Airport: State of North Carolina Environmental Quality Water Resources I Water Quality Regional Operations Mooresville Regional Office! 610 East Center Avenue, Suite 30t Mooresille, North Carolina 21115 704 663 1699 $87.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NoNC0083887, by discharging waste water into the waters of the State and failure to monitor quarterly for Acute Toxici $75,00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0083887, by discharging waste water into the waters of the State and failure to monitor quarterly for Total Nitrogen as N. $44..00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit' No.NC0083887, by discharging waste water into the waters of the State and failure to monitor quarterly,- for Total Phosphorus as P. $206,00 TOTAL CIVIL PENALTY $100.53 Enforcement Costs $306.53 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into aecount the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-281,1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the darnage; The amount: of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 'Elie 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 waittenrequest for remission, OR (3) Submit a written request for an administrative hearing Option 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 fortn) Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 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 d.ocument. 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 a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 1.4.3B-282,1(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 rein.aining 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 inform 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 Comnaission's Committee on Civil Penalty Re -missions (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 "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30 da s 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: Wastewater Branch Division of Water Resources 161.7 Mail Service Center Raleigh, North Carolina 27699-1.6.17 Option 3: File a petition for an administrative hearing with the Office of Administrative Headily: If you wish to contest any statement in the attached assessinent 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 Administrative Hearings within seven (7) business days following the faxed or electronic, transmission. You should contact the Office of Ad.ministrative Hearings with all questions regarding the filing_fe.e 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: (919)431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 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 ma ter being referred to the Attorney General's Office for collection of the penalty through a civil action, Please be advised that additional penalties may he assessed for violations that occur after the review period of this assessment. If y OU have an questions please contact Roberto Sheller with the Division of Water Resources staff of the Mooresville Regional Office at (704) 663-1699 or via email at roberto.schellerencdenr.gov. A ETACIMENTS Sincerely, W. Corey Basinger, Regional Supers isor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDENR Cc: WQS Mooresville Regional Office Enforcement File (wlattachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (NY/attachments) RES ATTACHMENT CASE NO MV-2016-0004 (Duffel l Date Parameter Measuring Frequency Violation 001 9,130/2015 Acute Toxicity Quarterly Frequency Violation 001 9/30/2015 Total Nitrogen as N Quarterly Frequency Violation 001 9/30/2015 Total Phosphorus horu P Quarterly Frequency Violation JUSTIFICATION FOR REMJSSION REOLtEST Case Number: 'MV-2016-0004 County: Mecklenburg Assessed Party: City of Charlotte — Charlotte Douglas International Airport Permit No.: NC0083887 Amount Assessed: $306..53 Please use this formwhen requesting remission of this civil penalty. You amst also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" 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 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. § 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, inel.uding copies of supporting documents, 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. 143.B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental. damage resulting 'from the violation. ,en, explain the steps that you took to correct the violation and prevent f aure occurrences); (c) the violation was inadvertent or a result of an accidentexplain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violatorhad not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (ie.„ explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve cornpliance) EXPLANATION: STATE OF NORTH H CAROLINA COUNTY OF MECKLENBURG' FIX OF $ SSESSI ^ F OF CIVIL PENALTIES AGAINST" City of Charlotte Charlotte Douglas International Airport PERMIT" NO: NCO037 DEPARTMENT T F ENVIRONy AND NATURAL SOURCES W ER OF RIGHT TO AN AD ISTRATI E HEARING AND STIPULATION OE FACTS Ni CASE NO, - 016-000 Iffiving been assessed civil penalties totaling , ,53 for violations) as set to irz the assessment document of the Division of Water Resources dated ,L nuary 29, 2016, the undersigned, desiring to seek reruis ion ofthe 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. `I" e 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 of assessment. No new evidence in support of a remiss ion req rest w ill be allowed after (30) days from the receipt of the notice tice of assessment. This the day o ADD /SS /N.Tl TE" EPHONE DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator; City of Charlotte Facility Name: Charlotte Douglas International Airport Permit Number: NC0083887 County: Mecklenburg Case Number: MV-2016-0004 ASSESSMENT FACTORS „lel The degree and extent of harm to the property resulting from the violation; No harm has been documented. 0 The duration and gravity of the violation; The violations occurred during the month of September 2015, he State, to the public health, or to private The effect on ground or surface water quantity or quality or on air quality; No effects on groundwater or air quality are expected. It is not possible to determine of surface waters were impaired by failure to monitor. 4 The cost of rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; Statistical Analytical Cost of monies saved by not monitoring total o 06.00 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or 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; and The subject facility has had no enforcement cases taken against it in the past 12 months (September 2015 to September 2014). F-8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $1.00.53 Regional Office Clerical Staff- one hour $15.00 Enforcement case preparation staff t„ime — one hour $33.1.3 Regional Office Supervisor review — one hour $52.,40 Total: $100.53 Date W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDENR co Charlotte. Douglas' /wr,nw*nom^'^*ro°T Mr. Roberto Sche|ler N[DE[l—Water Quality 61OEast Center Avenue #l01 Mooresville, N[I811S @oticeufViolatim—n"d response TrackimQNOV-20I6-&4VV-000% Charlotte Douglas International Airport NPQE3Permit No, NC0O83O87 N1cSche|ber, The purpose ofthis oo rrespo ride nceishore-visit the above NOV for CLTAirport, written 0mMr. Jack Christine and dated January TZO16. |nmy15 thJanuary 2QI6'correspondence toyou onthis matter, itwas acknowledged that CLTAirport did not perform the required analysis (Outfall 001) for Total Phosphorus, Total Nitrogen, and Acute Toxicity for 3'~Quarter ZO15. |nsummary,westated toyou the reason for, the missed sampling required, and offered to share additional information with you if and as it became available to us, In speaking with our sampling technician, and through correspondence with Ms. Terri Cole at Prism Laboratories here inCharlotte, weconfirm toyour agency that the laboratory was unable toaccept the sample and perform the acute toxicity analysis umthe day our technician arrived, This isthe same information that was originally stated to you in the fourth paragraph of our 1 51h (January) conespnndenco, In the fifth paragraph of that document, we also admittedly could not determine why the sample set that had been collected for the Phosphorus and Nitrogen analysis was not submitted, In recent days, a conversation and brief meeting with our sampling technician has reveaIed to us that the samples collected were inadvertently thrown away along with the sample container set that had been procured for the acute toxicity. While this isobviously not the explanation wewish vvecould offer ta your agency et this point, itbunfortunately amost accurate bit ofinformation. CLT/Wrport regrets the circumstances surrounding the missed sampling parameters, The parameters |m question were analyzed bysamples collected inOctober 2OlS. Acopy 'of the DMRand the laboratory reports are 'included herein, Because the sampling was performed the next available month following the missed parameters, CLT Airport respectfully is requesting that the NOV-2016-MW-DO02 be rescinded without further cpj�side/atioomfcivil penalty orassessment. yD.Ardan,P.6. Environmental Affairs Manager Charlotte Dougias International Airport cho,lott*airport.00m I PO Box 19066 1 Charlotte, NC 28219 | P: 704.359,4000 | r�70^,O5m,4O30 EFFLUENT NPDES PERMIT NO, NC0083887 MONTH_ OCT© 6-41--YI�AR -2-- TISC,3tAROENO. FACILITY NAME_ Charlotte Douglas Intl Airport PC2 COUNTY _ M ckienburg CERTIFIED LABORATORY (1)_ Prism Laboratories, No. 402 , Celt 11402 (list additiorlal Labuoratortes on the backsldcipage 2 of this form) OPERATOR Rd RESPONSIBLE CIIARGE' (ORC) James J. Smith 6Iu,1JL PC2 CERTIFICATION N.O. l9 PERSONS} COLLECTING SAMPLES.+,6sTS070ORCPHONE'704-ZZ1°.$(9I- 704-222A8617 CI-LECK FOX it" ORC FIAS CHANGED Mail ORIGINAL ami ONO. COPY to: ATTN: CENTRALFILES S)1ViSI©N OP WATER QUALITY 1611 MALL SRRV LCE C I«,N TEIi RAT,II'(,II, NC 27699-1617 Lid F-- Cl R, Y/" ^N A.V RAGE NO FLOW / DISCHARGE FROM SITE ATt1RC O • ERA SCGNA" C S E1 IiATLr AND CONIPLE'I ONSU3LE CI I ARGE) THIS REPORT IS To Tt- U BEST OF MY ItN<1WLISDGE. 34371 u+rl uW td, U TrEFC Pass tali DWQ Form EuII-Service Analytical & Environmental Solutions Charlotte/Douglas Airport Jimmy Jordan City of Charlotte, P.O. Box 19066 Charlotte, NC 28219 NC Certification No, 402 SC Certification No. 99012 NC Drinking Water Cart No, 37735 VA Certification No, 460211 DoD ELAP: L-A-B Accredited Certificate No, L2307 ISDIEC 17025r L-A-B Accredited Certificate No, L2307 Project Stormwater - Outfall 001 Lab Submittal Date: 10/28/2015 Prism Work Order: 5100522 Case Narrative 11/17/2015 This data package contains the analytical results for the project identified above and includes a Case Narrative, Sample Results and Chain of Custody. Unless otherwise noted, all samples were received in acceptable condition and processed according to the referenced methods. Data qualifiers are flagged individually on each sample. A key reference for the data qualifiers appears at the end of this case narrative. Please call if you have any questions relating to this analytical report. Respectfully, PRISM LABORATORIES, N Terri W. Cole Project Manager (7\ Reviewed By Terri W. Cole Project Manager Data Qualifiers Key Reference: OG HEM O&G is less than the reporting limit, therefore TPH (SGT-HEM) is less than the reporting limit. Sample not extracted for TPH (SGT-HEM). BRL Below Reporting Limit MDL Method Detection Limit RPD Relative Percent Difference Results reported to the reporting limit. All other results are reported to the MDL with values between MDL and reporting limit indicated with a J. This report should not be reproduced, except in its entirety, without the written consent of Prism Laboratories, Inc. 449 Springbrook Road - P.O. Box 240543 - Charlotte, NC 28224-0543 Phone: 704/529-6364 - Toll Free Number: 1-800/529-6364 Fax: 704/525-0409 Client Sample lD b p' atria' Sa le Receipt Summary it17/2015 Prism Work Order; 100522 Date Samp Date Received 001 510[22-t01 Water 10/28/15 Samples were received in good condition at 3.8 degr s C unleshee noted: ued »cat r mda ed, t "rn its rt ty; h ut the wrtten nsent r r ook Road . P. . Box 240 2 054 - Ton Free Nu a =r 44 - Fix. T Full-Sof-vice Analytical Envtronalnotal Solutions Charlotte/Douglas Airport Attn: Jimmy Jordan City of Charlotte, P.O. Box 19066 Charlotte, NC 28219 Project: Stormwater Outfall 001 Sample Matrix: Water Laborato Client Sample ID: 001 Prism Sample ID: 5100522-01 Prism Work Order: 5100522 Time Collected; 10/28/15 12:00 Time Submitted: 10/28/15 13;15 Report 11/17/2015 Parameter General Chemistry Parameters Result Units Report Limit MDL 'Dilution Factor Ihod Analysis Analyst Batch Daterrime ID Total Nitrogen Nitrate/Nitrite as N 01 & Grease (SGT-HEM) Phosphorus -Tot& Total Kjeldahl Nitrogen Total Suspended Solids Volatile Organic Compounds by GC/ 26 25 BRLoG 2.4 0.61 7.5 mg/L mg/L mg/ mg/L mg11.. mg/ 1,5 0.17 10 'Total Nitrogen 11/6116 9:10 CLB 1,0 0.034 10 "S1914500-NO3 F 11/2115 10:32 CLB 5.0 0.50 1 *1664B 11/2/15 13:40 ARC 0.050 0.013 1 *SM46,00-P F 11/3/15 9:35 CLB 0.50 0.14 1 '361.2 11/6/15 9:10 CLB 2.5 0.80 1 'Sid 2640 D 10/30/15 10:35 EGC (CALCI P5K0002 P5K0029 P5K0016 P6K0008 P5J0590 Benzene Ethylberizene rn,p-Xylenes o-Xylene Toluene Xylenes. total BRL BRL BRL BRL BRL BRL ug/L ugfL ug/L ug/L ugh. ug/L 0.50 0 50 10 0,50 0,50 1.5 Surrogate 0,048 0,061 0,12 0,044 0,044 0.15 *SM6200 *SM6200 B SM6200 B `SM6200 SM6200 B 11/9/15 18:00 KDM 11/9/15 18:00 KDM 11/9/15 18,00 1119/15 18:00 11/9/15 18:00 KDM KDM KDM P5K0175 P5K0175 P5K0175 P5K0175 P5K0175 1 *SM6200 B 11N/15 18:00 KDM P5K0175 Recovery Control Limits Toluene-d8 97 % 70-130 This report should not be reproduced, except :n its ennrety, i.i.eithout the written consent of Plism Laboratories, Inc 449 SprInghrook Road - P.O. Box 240643 -Charlotte, NC 28224-0543 Phone: 7041529-6364. Toll Free Number: 1-800/529-6364- Fax: 704/525-0409 Prep Method; 820t1 B La P5K017 5 rti1 Sample a Final on Cata 25 r L Flnal 50 Final Submit a ti l se alyaes were subcantracted to E Environmental rt should not hn rntar ►u a iat 2115 1O tet 11112/15 11:5i Bats 11109/15 t1'22 tit the written consent of P 448 Sp i gbrook Road - POE Box 240543 --Charlotte, NO 2822 543 Phone 70445294364 - Tol# Free Number: 1-800t 2 264 - Fax. 7 52 03 Page4 of Full -Service Analytical & Environmental Solutions 449 Springbrook Road - Charlotte, NC 28217 Phone 7041529-6384 • Fax: 704/525-0489 Client Company Name: es A Report To/Contact Name: -3V/ ,z-sD Reporting Address: Phone: -3 ,$1"- 44 Fax (Y ) Email Address: EDD Type: PDF Excel Other Site Location Name: 00 i Site Location Physical Address: rue.) CUENT DATE E DESCRIPTION COLLECTE pier" Upon reIInquIshJnq Chain fVu submitted In writingthe Prism I Refinqu COLLECTED MILITARY HOURS s your a Stmert NOTE: AU sAtieritOoLERs sHoUff SAMPLES AFtE NOT ACCEPTED AND VETuri Ex UP d CHAIN OF CUSTODY RECORD PAGE I OF, 1 QUOTE # TO ENSURE PROPER BELLING Project Name: S -Tot.. A -e e;)0 Short Hald Analysis: (Yes) (No) UST Prolect: (Ye *Please ATTACH any project specific reporting (QC LEVEL 1 il provisions and/or QC Requirements invoice To: '/PI- 0-1 1k ki -SO 2- Address: Purchase Order No./Billing Reference Requested Due Date El 1 Day 0 2 Days El 3 Days Ci 4 Days El 5 Days "Working Days" Li 8-9 Days 0 Standard 10 days 0 Rush VItifl* Samples received after 14:00 will he processed next business day Turnaround time /S based on business days, excluding weekends and holidays, (SEE REVERSE FOR TERMS & CONDITIONS REGARDING SERVICES RENDERED 8Y PRISM LABORATORIES, INC.. TO CLIENT) SAMPLE CONTAINER A *TYPE . SLUDGE) SEE BELOW NOSIZE PRESERVA- T1VES 1 ampled By (Print Name 11 SP1 ."-T14 I Affiliation zation for Prism to proceed with the analyses as requested above. Any il be charges for any changes after analyses have been InttfaItzed. tthy(giqnstureI ed Ryi-Prin-an—u7i3 IONTOTHEL AT THE ATO 9 KA6tupgs 4PPatlYRREGORV4TivES' r1.01'cat"' .,, . b/kid *THIN; ‘-ici.LPINU.TitOES? :p.t.i•-*foi).);;',,,:r.EALONTACT? ILAti(iargied'WiOUT 1151-*Fyit.Ce? — - OP41',;(.09. Nrris.(,.t.C104u$Eni`j'.,.!, Ob6ii:1.4 TO BE FILLED IN BY CL1ENT/SAMPLING PERSONNEL Certification; NELAC DoD FL NC SC OTHER NIA Water Chlorinated: YES NO Sample Iced Upon Collection: NO ANALYS REQUESTED / up No. CluD C4-1- OU NPDES: U GROUNDWATER: DRNKING WATER: SOUD WASTE: RCRA: NC CI SC LI NC CSC ID NC OSC El NC LI SC NC LI SC D NC LI SC CERC A LANDFILL OTHER: El NC Ca SC L.I NC 1:3 SC 1.0 NC CI SC / REMARKS PRISM LAB ID NO. PRESS DOWN F1 3 COP*ES Additional nts: Oeparwrollme SEE REVERSE FOR TERMS & CONDITIONS St PO, 60x10414, Gramm SC ZWJ 4 077 2FA)qU 8771,038 C Gt SC 206ri) Pimephales promelas 24 Hour Acute Pass/Fail Test EPA-821-R-02-012 Method 2000 Client: CI Facility: FUEL It OTTE DOUGLAS INTL NIMES # NC0083887 001 ORT Test Date: 2-Oct45 Laboratory IDS0 r45993 APF Teat Reviewed and Approved By: Robert. Art Kelley: PhD QA/QC Officer Certification #E87819 Test r led thit mmart cordoma to sit re " meats of Forbad Rostampaur atory Director SCDHEC Certification #23104 NBLAC: coat y mkt atELAC :KIN ex 1187819 Florida Dept offlealth, boluded mats an anty to ortaddea samples. NCDENR 'Certification # 022 Page 6 of 9 Laborato Effluent Aquatic Toxicity Report Form - Acute Pa Chartatte Douglas Airport Fuel Farm 001 NPDES # NC008 Performing Test: ETT Ertvlro Nor n MAIL ORIGINAL TO: Carolina Ac Collection Date: Collection Time: Test Start Data: 10/8/15 1210 10/9/15 Salinity (ppt) Chlorine (mg Sample temp. at race! Water Sciences Section Div, of Water Resources, NC DENR 1621 Mail Service Center Raleigh, NC 27699-1621 Mortality Treatment 1 (Control) Treatment 2 (E l*ru Concentratio Tested iNOTE: if mean 0% Replicate 8 C 0% 0% C 0% D D 0 Mean Mortality nvalid) 0% Calculate u:dng Arc -Sine Square Root transformed data Calculated Student's t Tabular Student's t (ONE TAILED) NA 1.94 PASS FAIL If the absolute value of the calculated t is less than or equal to the absolute value of the tabular t, check PASS If the absolute value of the calculated t is greater than the absolute value of the tabular t, check FAIL. If all vessels within each treatment have the same response but the treatment two response is greater than the control, check FAIL. AT-2 revis 9/2014 Rana 7 of d I Page 7of9 10/29/15 End Date; 10/30/15 rat 01.10 PM Test Solo'. is D L A A 1J c 24 Hour Acute Toxicity Test Test Method: EPA 021 R-02-012 ; Method 2000 Pim holes promeles; Method 2002 Cedadephnla duple ; Method 2007 Myeld©psls halite 3amp1e ID: AIRPORT Set By: JC Ended By; AM Time: Toot Vessel MORTALITY DATA [n1Mai.D' CumulaGfveAlctTrrtlif 10 10 10 y 0% Tramfor Vohrme T453 Al? Page 8 of 9 PO Box 16414, Gram/villa, SC 29606-7414 (B84) 877-8942, (800) 89142325 Fec(864) 877 6938 Sh!pping Address„ 4 Creft'amen Ct, Greer„ SC 29650 WWW.E TSTY4t!'l©NM MIWTALa CM pqv (Composite only) Composite Start Date Time (Grab or Composite) Sample Date -nine tn,353-tY Sample Custody Transfer .ee azd Date lime Relim ,"'heti B /Ore,, ization y pU 24 flour period. It each licur for 24 hours. Equal rot try 4 hours over'24 hours,. rttclipns in NPDES permit. Sign, andPrint below die dotted line Cvllaclad by ample temperature duri d 6.0 C. Samples mus C OF CUSTODY RECORD t be between n+ank T uttpte OOUC UOO (ctamptouo pie trtay rtttt be user atcr 7 e cnusi txrst ¢re used within 36 hours p ite zpie). Charlotte , «wr,xm^now^L^m,wm 15January01 Mr. Roberto Sch |ler NCDEQ —Water Quality G10East Center Avenue #301 Mooresville, NC28l15 Notice pfViolation Tracking NOV'2016'NpW-0002 Charlotte Douglas International Airport NPDE6Permit No. NC[083887 McSchel|er. The Airport is in receipt of the above referenced document written to Mr. Jack Christine and dated January 7,J016. The document summarizes violations with respect to DIVIR reports and required - sampling here at our facility. Although the text of the NOV does not necessarily state which of the 7 outfalls is being referred to for the monitoring frequency violation, it is most apparent to us that these concerns are directed a|the Airport's wastewater treatment Uutfa(|0Q1. Qutha||002iothe only such area where Acute Toxicity, Total Nitrogen, and Total Phosphorus are monitored throughout the calendar year, once per calendar quarter. It isimportant tnnote that the discharges occurring from 0utfal|001are controlled from a5610Ogallon stormmater/v*astewaterdetention pond. The treatment system atthat location consists ofawet well with a"high-|eve|°float that activates adischarge pump. When the water level inthe pond rises due tn rainfall and stonnwate,runoff, the pump isactivated and carries water finmthewet-well sump, through achain of,granu|nractivated carbon (GAC)canisters, and then out into adischarge point just south of the Norfolk Southern Railroad and into the watershed of Ticer Branch. A review of the DMRs for the Outfall 001 location for the year 2015 shows that on three consecutive months —May, June, and July —there was no discharge from the 001 treatment system. TheDK4Rs indicate this bythe marked notation "no flow/no disobarge". This was, aoyou may beaware, avery dry period with little to no measurable rainfall in the Charlotte area. While there was certainly opportunity tmdothe required sampling inAugust, the sampling technician planned the event for September. Another multi -week dry period in the month of September made the sampling at Outfall 001 impossible until the end ofthe month. The Airport's contracted sampling technician was onsite Wednesday, September 30'h to acquire the samples and did indeed collect them; when the samples were carried to the laboratory however, the laboratory was unable to accept the samples and perform the analysis apparently because the subcontracted laboratories controlstock of "pimephates promelcts" organism was unavailable for aperiod mfseveral days and into the month ofOctober, Required sampling for phosphorus, nitrogen, and acute toxicity was delayed until the month of October. w dtarpmn,cnnn | PQ Bax19O6G 1 Charlotte, NC 28219 1 P:704.358,4[0o While We recognize that the Year 4i Period 5 sa piing and analysis for permit NC0083887 was not completely performed as required by the Airport's NPDES permit, it appears that this was mostly due to circumstances at bast somewhat beyond our control in hindsight, we regret that the technician — for whatever reason — did not make an attempt to complete the September sampling prior to the last day of the month. In addition, without further inquiry, we are unable to determine why the samples apparently collected for Nitrogen and Phosphorus were not submitted to the laboratory for analysis. In order to comply with your agencies request for response to the NOV within the allotted time, this response constitutes all the information we are able to offer at this time, If new or supporting information becomes available in conversation with the sampling technician or with the analytical laboratory, we will provide this to your agency as soon as possible„ Jimmy a Jordan, P. Environmental Affairs Manager Charlotte Douglas International Airport es Befit, N EQMRO - Water Resources ENVIRONMENTAL QUALITY January 7, 2016 Certified Mail # 7015 1520 0002 8376 1251 Return Receipt Requested Mr. Jack Christine Interim Deputy Aviation Director City of Charlotte Post Office Box 19066 Charlotte, NC 28219 PAT MCCRORY Governor DONALD R, VAN DER VAART Secrezary S. JAY ZIMMERMAN Dior Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number NOV-2016-MV-0002 City of Charlotte - Charlotte Douglas International Airport NPDES Permit NC0083887 MecklenburgCounty Dear Mr. Christine: A review of Charlotte Douglas International Airport Discharge Monitoring Report(s) for the subject facility submitted for the month of September 2015 showed the violations indicated below. The following are failure to monitor and/or report the following parameter(s): Parameter Acute Toxicity Total Nitrogen as N Total Phosphorus as P easuring Frequency uarteriy Violation Frequency Vio Frequency Violation Frequency Violation A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215,6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received In this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina !Environmental QualityWater Resources 1Water Quality Regional Operations Mooresville Regional Office] 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704 663 1699 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional. Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. In addition, you may wish to consider registering to use the Division's new e-DMR process for completion and submittal of monthly monitoring reports, for more information please visit our website at: http://portal.ncdenr.org/web/wq/admin/bog/iipu/edmr If you should have any questions, please do not hesitate to contact Roberto Scheller with the Water Quality Section at (704) 235-2204 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, NCDENR Cc: Central Files, Water Quality Permitting Section NPDES RIS PAT MCCRORY Governer DONALD R. VAN DER VAART Water Resources ENVIRONMENTAL QOALITV January 7, 2016 Certified Mail # 70151520 0002 8376 1251 Return Receipt Requested Mr. Jack Christine Interim Deputy Aviation Director City of Charlotte Post Office Box 19066 Charlotte, NC 28219 Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number NOV-2016-MV-0002 City of Charlotte,. Charlotte Douglas International Airport NPDES Permit NC0083887 Mecklenburg County S. JAY ZY Secretary ERMAN Director Dear Mr. Christine: A review of Charlotte Douglas International Airport Discharge Monitoring Report(s) for the subject. facility submitted for the month of September 2015 showed the violations indicated below, The following are failure to monitor and/or report the following parameter(s): Parameter Date Acute Toxicity Total Nitrogen as N 09/30/ 15 09/30/15 Total Phosphorus as P 09/30/15 easuring Frequency uarterly uarterly Quarterly Violation Frequency Violation Frequency Violation equency Violation A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215,1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-21.5.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Car -okra I Envirocarnental Quality' Water Resources I Water Quality Regional Operations Mooresville Regional Office 610East C"ffiIter Avenue, Suit"Mooresville, North Carolina 28115 704 663 1699 Remedial actions'.should have already been taken to correct this problem and prevent further occurrences in the future. The division of Water Resources may pursue enforcement action for this and any additional violations of State law. if the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder. Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off -lime, etc. in addition, you may wish to consider registering to use the Division's new e-DMR process for completion and submittal of monthly monitoring reports, for more information please visit our website at: http:/portal.ncdenr.org/web/wo/admin/hog/ipuierimr if you should have any questions, please do not hesitate to contact Roberto Scheller with the Quality Section at (04) 235-2204 or via email at roberto.scheller ncdenr%gov; Cc: Centrall NPDES RES ater ua Permit ng Section W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDENR