NC0086517_Enforcement_20120914

Beverly Eaves Perdue
Governor
U
16
NCDENR
North Carolina Department of Environment and Natural R &
Division of Water Quality
Charles Wakild, R E: Dee Freeman
Director Secretary
September 14, 2012
TURN R.1 CEH "I..RE
Mr. David Edwards
Group l?.ngin erin , Mana f
Gatcway° Village, LL
0 W Trade St.
Suite 100
Charlotte, NC 2 202
SUBJECTAssessment of Civil Penalty',for Violations of NC General Statute 142-215,1 a)( ) an
NPDES Permit No. lw CO086517
Gateway. Village Rentediation Site
Me klenberg County
TX 2012-0006
Dear Mr, Edwards:
This later transnti s a Civil Penalty assessment against Gateway Village leer-ne iat trn Site in tla amnunt of
f '� civil penalty + enforcement casts).
This assessment is based trport the following facts, ts. review}ofthe facility''s toxicity* self -monitoring data front June
2012 has been conducted. The review has shown Gateway Village Retnediation Site to be in violation of the p{}.fl %
chronic toxicity effluent discharge limitation found in NPDES permit No.. C'f10d517. I Ite facility's toxicity self -
monitoring reports for April through ,Irate 2012 revealed the following effluent toxicity permit limit violations,
April 10, 2012 Fail (7 day /F) non -compliant:
May: 15, 2012 <45.t1 % (7 day, chronic value) non -compliant
June 19, 2012-;45°0 % (7 dad chronic value) non -compliant
-
Environmental Sciences section
1621 Nall service Center,
to . Ra h Nnnh G rofina 2769 21
ne
L un:44 1 Reedy Creek Road,male h, North Carolina 27607
Phnna t9-743-84001, FA. 919-743 85171 Gustorner Serw 1 i 7-62 ,67`46 M—)rthC rolina
tnti-, cet http:iih2n.enr. ra�e,nu.uilest,-! sue ty

Based upon the above fact(s), I conclude as a matter of law that Gateway Village Remediation Site violated the terms,
conditions or requirements of NPDES Permit No. NCO086517 and N.C.as 143-215. 1 (a)(6) in the manner and extent
shown above.
A civil penalty in accordance with the maXiIIIIIIII established by N.C,G.S. 143-215.6A(a)(2), may be assessed against a
person who violates the terms, conditions or requirements of aperm it required by N.C.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 Environment and Natural Resources and the Director of the Division of Water Quality. I., Cindy
'oore, Supervisor, Aquatic Toxicology Unit, hereby make the following civil penalty assessment against Gateway'
Village tiers ediation Site
For a f violation(s) of G,S. 143-215. 1 (a)(6) and NPDES Permit No. NCO086517, by discharging waste into the waters of the State in
violation of the facility's, perinit effluent limit for chronic toxicity for April
10, 2011
For of 3— violation(s) of G.S, 143-215.1 (a)(6) and NPDES
Permit No, NIC0086517, by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for chronic toxicity for
May 15., 2012.
For w.3 — of violation(s) of G.S. 143-215 , I (a)(6) and NPDES
Permit No. NCO086517, by discharging waste into the waters of the Stale in
violation of the facility's permit effluent limit for chronic toxicity for June
19-2012,
$_ to Y� Enforcement costs.
0 -7 TOTAL AMail' DUE
Pursuant to G,S, 143-215.6A(c), in detertruning 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. I(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 violation-,
(2) Fire duration and gravity oithe violation,
Environmental Sciences Section
1621 Mali Servire, Cenler, Ra:eigr�, Ncnh Camfllna 27F99-1621
Locstrom 44,01 Reedy Creek Road, Ral6gh, North Carc276037
Phone. [phone]V FAX: [phone] \ Custorne, Serve 1-877-623-6748
One
NorthCarolina
,Nalitrally
An Equal Opncxlwm} � Mfrna6%�e- kn,,or Empk"Yer

The elfect on ground or surface water quantity or quality or on air quality-,
The cost of rectifying the, damage;
The amount of tooney 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 Env iro it mental
Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
Within thirty days receipt of this notice, , you must do one of the following. -
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources (do not include
itwiver.f6m,z). Payment of the penalty, will not foreclose enforcement action for any continuing or new
violation(s).
Please submit payment to the attention of,
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2, Submit a written request for remission or mitigation including a detailed justification for such request.
Please be mxvare that a request. for rentission is limited to consideration of the five factors listed
below as they may relate to the reasonableness ofthe amount of the civil penalty assessed.
Requestingrernission 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
docrunent. Because a remission request forecloses the option of an administrative bearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreerrient 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) one or more of the civil penalty assessment factors in G,S. 143 B-282. I (b) were wrongfully
applied to the detriment of the petitioner-,
(2) the violator promptly abated continuing environmental damage resulting from the violation-,
(3) the violation was inadvertent or a result of an accident;
Environmental Sciences Section
!621 Mail Service Carrier, Raleigh, North Cartow 27"9 -1,621
One
Lotion. 4401 Reedy Creek Road, RaleNorth CarOna 27607 Noft hCarolina
ptrine 919-743-8400 \ FAX: [phone] Customer Service, 1-817-623-6748
Internet httpJ!h2o,enr,state,nc, uslescl Alaturalk
FqLV Oppc�,run,,ty, A Amcm Etnployv,'

(4) the violator had been assessed civil penalties for any previous violations;
(5) 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 the Division of Water Quality will revievo 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, arid provision for further appeal of the penalty to the Environmental Management Coritnission's Committee
on Civil Penalty Remissions (Comirrittee), 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 requcst 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" forrit within thirty (30) days of receipt of this
,notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification fior
Remission Request." Both forms should be submitted to the following address:
Environmental Sciences Section
Division of Water Quality
1621 Mai] Service Center
Raleigh, NC 27699-1621
F
1 File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any staternent in the attached assessi-rient 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 thistiolice, 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 .Mon day through Friday beteveen the hours of 8:00 a.m. and 5:00 p.m,, except for official state holidays.
The original and one (1) copy ofthe petition must be filed with the Office of Administrative Hearings. The petition may
be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within
five (5) business days following the fitsed transmission. The mailing address for the Office of` Administrative Hearings is:
Environmental Sciences Section
1621, Ma"I Service Center- Raeigh, Nonh Care na 2769S-1621 One
LoaOon 4401 Reedy Cfeek Road, Raleigh, North Cart', 27607
North Carolina
Phone: 919-7,43-8400 � FAX-, 9119-741851? Mistorner 'Servior 11-877-62M748
Mtemet http',1h2o enr,state,nc.o&esb1 141atimally
Am 9,,NrVP-

Office ofAdministrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
copy of the petition n nnust also be served on l ENR as follows,
Mr, William Cary, General Counsel
Department of Environment and Natural Resources
1601 bail Service Center
Raleigh, IBC 7699-1601
Please indicate the case number (as found on bags one of this letter) on the petition,
Failure to exercise one of the options above within thirty (ad) days of receipt of this letter, its evidenced by an internal
date/time received starrrfs (not a postmark),will result in this matter being referred to the Afforney 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;.
Please be advised that any continuing violation(s) may be the subject of a new enforcement ;action, including an additional
penalty. I1`you .have any questions about this civil penalt f assessment, please contact Mr. faint Giorgin, o at 919-7 3-84 1
or nre at`919-743- 44 _,
[date
Cindy °l ore
Supervisor, r, Aquatic Toxicology Unit
ATTACHMENTS
cc°. Rob Krebs- Mooresville Regional Office w/attachment
Wes Bell- Mooresville Regional Office wtattachm nt
Point Source Branch File w/atta hnrents
John Giorgino -Aquatic Toxicology Unit wVattachrnents
Central Files vrlattachments
Environmental Sciences Section
1621 I' it Berta Center, Rarest,, North Carohna 27 699-162
acatierr. 4401 Reedy Creed Road €ralei h, North Carolina 27607
Phone. [phone] FAX. [phone] Customer tierme t- 77.,fi22-6 48
lP�ir�tnet h�(� 11h�eeCi" Stx'3%k�.Rr�,.Ek5l�twfi
One
NorthCarofinla
,Nay

STATE,OF NORTH CAROLI A
DEPARTNIE'N'17 OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MECKLENBURG
INTHE MATTER I I' ASSESSMENT I EWAIVER % RIGHT I" Ira
COI `I 'IL PENALTIES A(!AI�NS' Al I�� rNI T1 A I E fIEARMC�1 A- N
STIPULATIONOF FACT
GA` EWA VILLAGE E I EMEDIA`1"ION SUE
NPDES PEM41T NO. NCO086517
FILE NO. T - CI12-00(ld
Having been assessed civil penalties totaling _f Ciol Lion( set
forth in the assessment document of the Director ctor f the Division of Water Quality dated — _ .
—� 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
asses rrie t document, Tile 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 Quality within 30 days of receipt
of the notice of assessment. No new evidence in support of a remission request will be alloNved afar 0 days
f orn the receipt of the notice of assessment.
This theday of 2011
BY
ADDRESS

9
JUSTIFICATION FOR REMISSIONILQUEST
DWQ Case Number: TX-2012-0006 Count-
y: Mecklenburg
Assessed Party: Gateway Village Remediation Site
Pertnit No. if applicable): NCO086517 Amount Assessed: S
Please use this form NsIren requesting remission of this civil penalty. You must also complete the
"Reauest For Retnis-slon Waiver o( Ris',dit to tin jdtninislrativ!
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 tliey 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. § 1431 -282.1(c),
remission of a civil penalty may be granted 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 pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143U:�2�821 bj
wwere scan fully as lied tca the dctairitent of the etitioner (the assessmentfiaetors are livted ia
the civil penalty, assessment docwnen�),
(b) the violator .rout tly abated continutq&jeavironmental d e
violation (i,e- explain the stelys that ytook you toto correct the violaafitaur tion nd prevente
occurrences),
— (c) the violation was inadvertent or a result of an accident (i.e,, explain why the
violation ivos unavoidable or something you could not prevent or lwepare_ br);
(d) the violator had not been assessed ciyjlTg�nalties for an�yreyious v�iolaflo�ns;
— (e)
remedial actions (i.e., explain how pray ment oj',
the activities necessarj, to achieve cotril)liance),
EXPLANATION:
civil penaln, will prevent youftom, perfcwnfing